File suit against behemoth Ebay?

This is a discussion on File suit against behemoth Ebay? within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; Please read my situation below and let me know your thoughts. The item in question is nearly 100 years old. ...

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Old Aug 16th, 2011, 12:39 PM   #1
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Default File suit against behemoth Ebay?

Please read my situation below and let me know your thoughts.

The item in question is nearly 100 years old. It's a WWI artillery p08 Luger holster--family heirloom. The item was appraised for $2000 by an expert shortly before listing it on Ebay. I used the same group of photos for this expert as I did for the Ebay ad. This expert told me NOT to restore the item for the Ebay auction because collectors want these pieces untouched (so that a professional restorer can work on them) so I left it in its original condition...warts and all.

Buyer won the auction for 1700+ and a week or 10 days later wanted to return it because of oxidation on the small iron portion of the wood stock. My ad stated 'item in original condition; we have not attempted to restore it; we'll leave that up to you' or words to that effect. Plus I added 'No Returns'.

I would not allow a return and buyer opened a case against me. Ebay sided with buyer. Ebay gave no details to me for their determination.

I received the item back on August 4, 2011. Buyer painted or stained the wood stock. He used a powder or white paint on the iron portion to highlight the number on the stock. He also used this white paint on the manufacturer's markings on the leather. The paint is not removable. It has permanently stained the leather. He used some other chemical on the end piece of iron to remove the oxidation. In other words, he altered this historic artifact which affects the value of the piece to a collector. I surmise he attempted to sell it to turn a profit to no avail (but I don't know this for fact). His Ebay purchases are all Luger holsters..buying as many as 9 in one day.

Ebay waited 10 days and refunded the buyer's purchase price on August 15, 2011. Ebay switched my preferred method of payment which was paypal. They electronically transfered the money directly out of my checking account without authorization. I have appealed the case but more than likely Ebay will side with the buyer as they have done in countless cases I've discovered.

If Ebay sides with the buyer again, does anyone think I have a chance at winning a lawsuit (local, state or fed level?) against Ebay given the circumstances? This buyer had the nerve to leave me my only negative feedback ever...even before the case had been decided in his favor.

Please advise.

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Old Aug 16th, 2011, 02:22 PM   #2

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Default Re: File suit against behemoth Ebay?

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no could try to collect all of the costs and damages that you suffered due to their behavior...

You might have to go there to California for one hearing.
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Old Aug 26th, 2012, 11:35 PM   #3

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I have had the same problem. I asked to see in their terms and conditions where they had the right to take my money out of my account and give it away with out my permission, especially with a false claim. Some one needs to start a lawsuit!
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