Buyer is claiming significantly different than described

[nfs480]

I sold a broken xbox 360 on ebay.  I described it as having one red light and an E74 error message on screen.  Now the buyer is claiming the item is significantly different as described because the warranty stickers weren't intact.  I received the console already broken and had never opened it and never made any claim in my ebay post that the warranty stickers were intact.  Is it my responsibility to disassemble stuff before I sell it and am I going to have to pay for this?

I specifically stated it was broken, sold as is, no warranty, and no returns accepted.

[PayPal_Kevin]

Hello nfs480

When PayPal reviews a claim of Not as Described, what we are looking for is whether or not the seller fully disclosed all information about the product being sold.  If you properly made the buyer aware of all defects with the merchandise and the buyer files a claim for one of the defects that you clearly described, then the case would typically be found in the sellers favor.

Keep in mind that stating sold as it, no warranty, no returns accepted, will not release you from the liability if a buyer opens a claim.  A seller is responsible for knowing the condition of an item being sold and failure to disclose the details of an item may lead to a case being found in favor of the buyer.

I realize that it can be very frustrating but I encourage you to be as thorough as possible with your listings to minimize potential issues.  Thank you for taking part in our community and have a great day.

KB

[nfs480]

Thanks for the response.  But this particular issue is a little more complicated than that as there's no way I could no whether warranty stickers (which are internal on the xbox to notify Microsoft, the manufacturer whether it has been modified or tampered with) were broken without disassembling the console myself, which I don't have the tools or know-how to do.

Therefore I was as thorough in my listing as I could possibly be, but this particular defect wasn't stated because there was no way I could have known about it.  In addition, this particular defect has no real effect on the value or usability of the item as it's already broken and is being sold with the expectation that the buyer will disassemble it and repair it.

[PayPal_Kevin · Accepted solution]

Hello nfs480

Thank you for your reply and you make some very valid points.  If we review the case and determine that the buyers claim does not have a significant impact on the usability of the item then it will most likely be denied and the funds released back to you.  This is not a guarantee but based on what you have stated I feel pretty good about your chances in winning the claim.

KB

[nfs480]

Thanks Kevin,

That was pretty much what I wanted to know.  I've never had a claim opened against me and just wanted to get an idea for what I may or may not be looking at in this situation.   I know it's not a guarantee but it makes me feel better just the same.

Thanks again for the help.

[PayPal_Kevin]

Hello nfs480

I am always happy to help.  Have a great day.

KB

[Geeksgate]

I recently sold an item that was shipped in as new condition. I have no proof of it's condition since I did not take photos prior to shipping. The buyer received the item and apparently opened it, used it, and damaged a part in the process. Now is he claiming that it was not new as shipped. I did personally pack the item for shipment and there was absolutely nothing wrong with it upon shipment. The factory tape was still on one of the parts of the item upon shipment. In the buyers photos sent to me, the factory seal had been removed and the item obviously used, and apparently damaged at that time. Could really use some help here. Thanks.

[MrsMonteSS]

5 years experience!

 Claims are MAJORITY ruled in the buyers favor!  I've been raked through the coals!  Once upon calling Paypal a Supervisors advice was "Don't sell anything you can't afford to lose". Although this was obserd advice after I just lost a $200 item, the Paypal funds and the Shipping fees, it was REALISTIC advice where Payal / eBay are concerned!  Somehow, even though Seller's are actually the "Customers" of the enterprise, the Buyer is favored!

Going forward, APPEAL your CASES! I called, got a Supervisor on the line, and she followed my case.  Once I showed a buyer USED my Brand New Prada Sunglasses for 2 weeks, then tried to get refunded, I still lost my case.  Paypal received my item, which I shipped to them... I won the Appeal, my money back! Paypal keeps the item, it does not get returned to the buyer!  So the buyer ended up with NOTHING!  If a Buyer is abusing the system, and the item and trying to get a refund and you LOSE... APPEAL THE CLAIM!