Fraud, Embezzlement, Bad Checks Sold something online, buyer states wrong item, wants to sue

[Rocky316]

Jurisdiction

California

Hi,
Hoping for some help here. I put an add on ebay for a projector. I told them to contact me, for I wanted to sell it ASAP and outside of ebay to save on fees.
I came to an agreement to sell it for $1750 throughh Paypal using friends and family (no fees) or so I thought. He paid me using that option, but used his credit card and was charged a$50 fee. I felt bad and covered $25.

A few days later, he received the item, states I sent him a lower model and now wants to sue. Paypal won't help him since it was sent through friends and family and ebay won't help since it was down outside of ebay. He states he will sue me and that California will come down hard on me?

He wants to ship back then item (the wrong one) and wants a full refund. He still claims I duped him on purpose and I think he is trying to get a free projector...

If he sues, will it tend to be more in my favor?
Item shipped from California to Wisconsin.

 

[adjusterjack]

Did your ad state a model number or have a photo of the item? Was the model number in the ad the same model number as on the projector? Did the photo match the item you sent.

If yes to the above questions then you can tell him that (once) then stop talking and ignore him.

Or, you can succumb to fear and allow him to ship the item back and send him a refund.

Up to you.

PS: You are lucky you didn't go through ebay or paypal or he would have gotten a chargeback and you'd never get the projector back. In fact, he may yet get a chargeback on his credit card and you still might not get the item back.

Very risky selling stuff that way. Lots of scammers.

I always insist on a USPS money order or I wait and sell it locally for cash.

 

[Rocky316]

Did your ad state a model number or have a photo of the item? Was the model number in the ad the same model number as on the projector? Did the photo match the item you sent.

If yes to the above questions then you can tell him that (once) then stop talking and ignore him.

Or, you can succumb to fear and allow him to ship the item back and send him a refund.

Up to you.

PS: You are lucky you didn't go through ebay or paypal or he would have gotten a chargeback and you'd never get the projector back. In fact, he may yet get a chargeback on his credit card and you still might not get the item back.

Very risky selling stuff that way. Lots of scammers.

I always insist on a USPS money order or I wait and sell it locally for cash.

Yes, there was a model number, and the picture was a generic one. I know the right item was sent, but he states otherwise...

 

[army judge]

He states he will sue me and that California will come down hard on me?

He wants to ship back then item (the wrong one) and wants a full refund. He still claims I duped him on purpose and I think he is trying to get a free projector...

If he sues, will it tend to be more in my favor?
Item shipped from California to Wisconsin.

He'll have to come to CA to sue you.
That is more expensive than he imagines.
You and he made the deal outside the limited safety eBay might provide either of you.
Stop communicating with him.
He was had, nothing he can do.
If he sues you, he sues you.
You and he disagree, so any additional communication will only lead to more rancor and displeasure on both sides.

Block his texts, block his calls, block his emails, CEASE communications, as it will not serve any purpose but to upset both of you.

 

[adjusterjack]

Yes, there was a model number, and the picture was a generic one.

That could be a problem if the item you sent didn't EXACTLY match the item in the generic photo. Could be a toss up if it got to court.

But, as a practical matter, he isn't likely to do any more than huff and puff.

 

[mightymoose]

I wouldn't worry about the photo. Many items sold online use generic photos. If you listed the correct model number I suspect you would be fine if sued. Save images of the listing on ebay just in case.
As above, you are best off to cease any communication. He will have to come to CA which is unlikely.
He can sell his projector if he doesn't want it anyone.