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<p>[QUOTE="BUncirculated, post: 1524935, member: 29581"]Just something to toss into this discussion:</p><p><br /></p><p>I spent this Labor Day with some relatives, 3 of which are attorneys. Two work for the D.A.'s office, and one has a general practice excepting a wide range of cases, including cases involving contracts.</p><p><br /></p><p>His take was this, the OP could file action against eBay, but in his opinion he would lose that action because he and the seller both violated the user agreement by completing this outside of eBay through a solicitation to do so.</p><p><br /></p><p>He could file suit against PayPal, but would have to prove PayPal acted in such a manner that caused him to be out the $6k. What did PayPal actually do in this case? The same thing they do in every use of their service, provide a neutral, secure payment method between the parties. Unless the OP can prove that PayPal had knowledge the seller was committing a fraud, or about to commit a fraud and allowed the transaction to occur anyway, the buyer still would not win against PayPal. Short of an employee at PayPal having a brain fart and saying they knew about this fraud but allowed it to happen, the OP would have a extremely difficult time proving PayPal is culpable in this.</p><p><br /></p><p>He does have an actionable case against the seller; however, according to my relative, this could cost the OP much more, as much as twice what he's out already, in legal fees, whether he wins or loses. The case would have to be heard in Singapore, and the attorney would have to research what fees for filing the case, motions, etc., would be there, which adds billable time to the tab. Not to mention travel expenses, accommodations in Singapore, would all be added to the OP's legal bill.[/QUOTE]</p><p><br /></p>
[QUOTE="BUncirculated, post: 1524935, member: 29581"]Just something to toss into this discussion: I spent this Labor Day with some relatives, 3 of which are attorneys. Two work for the D.A.'s office, and one has a general practice excepting a wide range of cases, including cases involving contracts. His take was this, the OP could file action against eBay, but in his opinion he would lose that action because he and the seller both violated the user agreement by completing this outside of eBay through a solicitation to do so. He could file suit against PayPal, but would have to prove PayPal acted in such a manner that caused him to be out the $6k. What did PayPal actually do in this case? The same thing they do in every use of their service, provide a neutral, secure payment method between the parties. Unless the OP can prove that PayPal had knowledge the seller was committing a fraud, or about to commit a fraud and allowed the transaction to occur anyway, the buyer still would not win against PayPal. Short of an employee at PayPal having a brain fart and saying they knew about this fraud but allowed it to happen, the OP would have a extremely difficult time proving PayPal is culpable in this. He does have an actionable case against the seller; however, according to my relative, this could cost the OP much more, as much as twice what he's out already, in legal fees, whether he wins or loses. The case would have to be heard in Singapore, and the attorney would have to research what fees for filing the case, motions, etc., would be there, which adds billable time to the tab. Not to mention travel expenses, accommodations in Singapore, would all be added to the OP's legal bill.[/QUOTE]
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