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.

[padi*0409]

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@oldbright wrote:

'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?

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"Untested" could be seen as implying the item may work by a buyer.

What on earth was preventing you from putting some batteries in it to see if it was actually working.

I agree with the others, you should have listed it "for parts/not working" if you couldn't be bothered to at least try and get it working.

Edit. Snap Dave and TP................

[oldbright]

It's not powered by a plug.

[oldbright]

I don't agree. By that same logic, how was the buyer to know it was working? It's an untested 70 year old item, why would anyone assume it was working...? The buyer wasn't to assume anything from the listing, that is my point.  I never suggested that it may work.

[oldbright]

Chronic poor health, no time, having hundreds of other similar items. The buyer was under no obligation to buy an item if he was uncomfortable with it being untested.

[*sons_and_daughters*]

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@oldbright wrote:

I don't agree. By that same logic, how was the buyer to know it was working? It's an untested 70 year old item, why would anyone assume it was working...? The buyer wasn't to assume anything from the listing, that is my point.  I never suggested that it may work.

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The point is, you didn't say that it DIDN'T work. Saying untested means zip. Either it works, or it doesn't. It's up to you to advertise whether it does or doesn't. Not for the buyer to try and guess from a very watery description (which really didn't describe much at all). If you don't know, then your ONLY option is to list it as for parts or not working. That is THE only thing that is going to save your butt. Saying anything else implies that it may work, regardless of your word Untested.

A buyer isn't a mind reader. They can only see what is in front of them. If I had come across your ad (my husband collects vintage radios), I would have assumed it was working because you didn't say otherwise. If you had listed for parts or not working, I would assume that it probably doesn't, but a slight chance it might. Untested means absolutely nothing to us. It just means you are too lazy to stick a battery in it and check.

[*sons_and_daughters*]

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@oldbright wrote:

Chronic poor health, no time, having hundreds of other similar items. The buyer was under no obligation to buy an item if he was uncomfortable with it being untested.

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Please don't pull the health card. That won't gain you any sympathy at all. If you play the disability card, that will get you even less. Try having no voicebox and breathing through a hole in your neck for the rest of your life. That's pretty chronic I think.

It's up to you to advertise your items accurately. The buyer liked what they saw. There was nothing to say that it wasn't working. You stuffed up, not the buyer. Sadly, I think you just need to chalk this one up to experience, and learn from it. I've lost money because I didn't describe something accurately. Learn from it and don't do it again.

[davewil1964]

You were under no obligation to make sure your listing was accurate. Hang on, yes you were.

Your assumptions in no way affect your buyer's assumptions. Which can only be measured against what you said in your listing.

If you have no time, don't list.

In this instance poor health is unlikely to prevent you from determining the item's working status.

You were lazy. You didn't think you had to provide realistic description. You got caught out. Wear it, and hopefully take the lesson onboard, especially for the hundreds of other items you are selling.

[oldbright]

It has nothing to do with laziness, there's no need to be insulting. I'm also not a mind-reader, every other buyer I have understands that they are buying 50-100 year old products that may or may not work and have not been rigorously tested by myself. Again, I can only write what I know about the product. I simply don't understand how I implied that it worked.

I would also like to note that everyone is telling me I should have 'listed it for parts or not working', but that is not an option in the collectable radios category. New or used are the options. I merely wanted some support or understanding from fellow sellers.

[oldbright]

I would also like to note that everyone is telling me I should have 'listed it for parts or not working', but that is not an option in the collectable radios category. New or used are the options.

[oldbright]

Super nasty and unnecessary comment. Thanks for your input.