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Follow-up: that fake 1920-S Walker from eBay
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<p>[QUOTE="-jeffB, post: 1183458, member: 27832"]Really? I'm (obviously) no lawyer, but when the item was sold with misrepresentation and apparent intent to defraud, doesn't that in any way compromise his claim? You can't reclaim stolen property after you've sold it, even if you repay the money you got for it.</p><p><br /></p><p>If eBay had told me to send it back, I would've grumbled, but I would've done so, <i>without</i> defacing it. If the guy had said "I'm sorry, return it and I'll refund your money", I would've done so, again without defacing it. He didn't; he told me to take it up with eBay. I did, eBay refunded my money, and told me I didn't need to do anything else.</p><p><br /></p><p>[ATTACH]123850.vB[/ATTACH]</p><p><br /></p><p>That bit about how "the seller has issued a full refund" is a bit euphemistic. His eBay account was yanked, I imagine his PayPal account was frozen, and if it didn't have a sufficient balance, they probably went after his bank account or CC account for the remainder. Note that, in general, eBay <i>does</i> require you to traceably return SNAD merchandise, and won't issue a refund until they receive proof of delivery. In this case, they did not impose that requirement.</p><p><br /></p><p>Now, I don't turn to eBay as the final authority on my legal or ethical obligations, but when I'm dealing through eBay, I'm very careful to play by their rules. By their rules, I apparently owe this guy nothing.</p><p><br /></p><p>He's proven that he's willing to act unethically; I'd prefer not to turn him into a stalker. But I also don't feel that I owe him a return, and I'm not sure it improves my ethical standing if I do return the thing.[/QUOTE]</p><p><br /></p>
[QUOTE="-jeffB, post: 1183458, member: 27832"]Really? I'm (obviously) no lawyer, but when the item was sold with misrepresentation and apparent intent to defraud, doesn't that in any way compromise his claim? You can't reclaim stolen property after you've sold it, even if you repay the money you got for it. If eBay had told me to send it back, I would've grumbled, but I would've done so, [I]without[/I] defacing it. If the guy had said "I'm sorry, return it and I'll refund your money", I would've done so, again without defacing it. He didn't; he told me to take it up with eBay. I did, eBay refunded my money, and told me I didn't need to do anything else. [ATTACH]123850.vB[/ATTACH] That bit about how "the seller has issued a full refund" is a bit euphemistic. His eBay account was yanked, I imagine his PayPal account was frozen, and if it didn't have a sufficient balance, they probably went after his bank account or CC account for the remainder. Note that, in general, eBay [I]does[/I] require you to traceably return SNAD merchandise, and won't issue a refund until they receive proof of delivery. In this case, they did not impose that requirement. Now, I don't turn to eBay as the final authority on my legal or ethical obligations, but when I'm dealing through eBay, I'm very careful to play by their rules. By their rules, I apparently owe this guy nothing. He's proven that he's willing to act unethically; I'd prefer not to turn him into a stalker. But I also don't feel that I owe him a return, and I'm not sure it improves my ethical standing if I do return the thing.[/QUOTE]
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