Wondering what my rights are

[oldbright]

Hi all,

I sold a broken radio to a buyer - radio was explicitly described as broken and untested in both the description and the photos. He received it, complained about it being broken, and requested a return because the 'item was damaged or defective'. I asked eBay to amend it to 'change of mind', which they said they would and agreed it was a case of buyer's remorse. They asked me to request additional photos from the buyer, which I also did, but he did not provide. eBay then stepped in, closed the return in his favour, and refunded his money because they said I hadn't contacted the buyer in time. I had contacted him on 3 separate occasions, and I provided the dates of those occasions. I asked for an appeal of the decision and the original decision was kept. I'm now minus a radio and $48.95, and eBay have ignored my last email.

Is there anything I can do now or should I give up? Cheers.

[oldbright]

I can only say what I know about the item. I had no idea of the functionality, hence untested. I'm not going to lie and say it is or isn't functional. I can't write what I don't know, and there was nothing further for me to say about it.

[oldbright]

That's helpful, thank you.

[oldbright]

It was shown as broken and untested - I'm failing to see how I misrepresented. The circuit board was loose, the case was broken, the radio was not mentioned as working or not working. All of this information was readily available. The buyer has not returned the item, so it is effectively stolen, and I'm down $48.95.

[davewil1964]

Therein lies the problem for you. The buyer had real expectations of a working unit, You didn't dispel them in your listing. You also relied on eBay to protect a seller.

In future, maybe check the functionality of what you're selling.

For this one, chalk it up to experience.

[oldbright]

Also, please note, I had no idea whether the radio was working or not. I'm truly failing to understand the ambiguity of the word 'untested'. I cannot guarantee whether it's working or broken, so why would I mention that? As far as I could see the circuit board was intact. Beyond that I have no expertise in radios.

[oldbright]

Also, nothing in the description implies it was not working because I didn't know if it was working or not. That's what untested means. I assumed it WAS working, but I had no guarantee either way. To me it looked intact and had no obvious corrosion or other issues. I knew it was cosmetically broken, that's all.

[oldbright]

Also, nothing in the description implies it was not working because I didn't know if it was working or not. That's what untested means - that's exactly why I made NO comment on the functionality. I assumed it WAS working, but I had no guarantee either way. To me it looked intact and had no obvious corrosion or other issues. I knew it was cosmetically broken, that's all. As a collector of old items you should know there are no guarantees with old electronics.

[oldbright]

I don't have the expertise to do that with all items. 'Untested' is an unambiguous and honest word, I'm really confused as to what the issue is with saying a second-hand item is untested. The buyer KNEW what they were buying was untested. Why would the buyer have the expectation of a working unit?

[davewil1964]

Why would the buyer have the expectation of a working unit?

Because you didn't say it wasn't. It doesn't take much expertise to plug something into a power point. And determine from that whether or not it works, And determine from that what condition you list it in.

[*sons_and_daughters*]

There is NOTHING in your listing mentioning the word "broken". Therefore, how was the buyer to know it was "broken" as you keep saying here? If you don't know the functionality of something, you list is as for parts or not working. Otherwise, if it is implied that it "may" work (even saying in fair condition can imply that it works), the buyer will win a dispute. Saying untested, means nothing, especially something you have no knowledge of. Showing a circuit board is pointless.

However, the buyer shouldn't have the refund and the radio. So, I'd be getting onto the buyer, offering to send a return postage label, for the return of the radio. Reinforce that you will cover all costs. That way, you can hopefully get it back and relist it as it should have been the first time.