Misleading item.. Damage.. unuseable...what do you think?

[eleventh*fox]

How does this stand? Set child's foam play shapes (the large type you climb all over) listed with pictures. Brief description but not covering condition or anything else. Provided with 3 pictures.

Go to pick up item (cash) and items are much more faded, torn, covered in black revolting mould, have awful rotting foam smell and sellers relative (who had them at his house storing them) claims he had them out in the garden for ages as they were taking up space in the garage and he agrees they are in Unsalvageable condition. They had such significant water damage that out of the 8peices, only 3 could of been cleaned up.. The rest were only suitable for the bin.

Seller I don't think is aware of current condition of items as they are being sold from a different location, I am hesitant to leave her negative feedback straight away as I doubt she would of sold them had she realised what bad condition they are in.. But she is messaging now asking me to complete transaction in next few days or will take it further, I've messages her back explaining why we did not proceed with transaction, because of misleading pictures and that because of the damage- items are actually now in-useable so therefore can't be listed as what they are. As a seller, I always take pics, describe flaws And as a buyer I understand that not all sellers do this and so never expect it to be as perfect.. but to purchase an item that can no longer be used for that purpose because of damage? I think it's misleading and refusing to pay,

[*sparklz*]

Once the seller closes the non payer dispute you will get an email from ebay to advise of this and in that email will be a link to appeal the strike.

Once you submit the appeal it will be overturned immediately.

Never had one but we did an experiment once to see what goes when a strike is issued and the buyer gave a lame excuse and within seconds of submitting the appeal it was removed straight away.

Assume that if there is a history of them it would be different so unless you have a record on non payer strikes you will be fine.

[timberman-2009]

I bid and won a caravan,$1,537 some water damage in discription ,no other mention of any real damage ,they asked for payment within 3 days ,so i pay and pick up van 10 days later ,after towing home ,have a good look rotten floor rot in frame roof walls .half the linning ,rotten, seller says i should have asked questions or viewed van,I think they should have been more honest in the original add ?Case open awaiting resoution

[lyndal1838]

This is a very old thread....you should have opened a new one.

However I can tell you that the paypal rules have not changed....there is no paypal protection for pickup items for either buyer or seller.

You should have inspected the item and only paid by cash when you were satisfied with the condition of the item.

[timberman-2009]

yes i know i should not have paid before collection ,they even addmitted wanting payment so as buyers would not be able too change there minds, too me says they knew anyone buying van would be dissapointed on inspection.as damage was not properly described,

[i-love-my-sheep]

I can tell you with absolute certainty that you have no hope of getting your money back. Even going to court won't help. Purely because you should have gone over it with a fine tooth comb when you went to pick it up.

I know this because I had a buyer buy a food van of me and she spent nearly 3 hours going over every square inch, with my husband pointing out every minute flaw. He gave her many opportunities to back out and she still drove away with it.

I got a threatening email a few days later telling me it's not as described and I have to take it back and give her a refund. I refused. Long story short, she took me to court and LOST. She was trying to get me by saying I didn't tell her it was unregistered, despite it being clearly stated in my ad and I even sent her an email the night after she bought it. She said she never got the email.

She admitted in court that she didn't read the listing, she only looked at the photos. She also admitted that she had got the email.

Unfortunately for you, your seller was correct. You should have asked questions and looked over it properly. My buyer asked no questions before buying it.

Caveat emptor......buyer beware.

[modestbods]

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@lyndal1838 wrote:

This is a very old thread....you should have opened a new one.

However I can tell you that the paypal rules have not changed....there is no paypal protection for pickup items for either buyer or seller.

You should have inspected the item and only paid by cash when you were satisfied with the condition of the item.

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Indeed. I read through the thread from the start, expecting there must have been some kind of update.

There's 5 minutes of my life I'll never get back.