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Old 06-08-2014, 08:00 AM
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Originally Posted by HexsHeroes View Post
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... you should report the seller. Perhaps even consider suggestion of legal action, especially if buyer & seller reside in different states. Then becomes a federal interstate issue I believe. My very limited general business law knowledge also leads me to believe that consideration was tendered, so that the seller did entered into a legally binding contract with you. But refusal/refunding of that payment might negate the consideration accepted portion of the conract. I also have to believe that eBay has insulated itself (and possibly the seller) with provisions somewhere in all the fine print to the user/member agreement terms that we all agreed to, inorder to use eBay services and products. Just my two cents worth . . .
And my tiny bit of understanding of law tells me a lot of what you said is correct BUT at the end of the day no way would this be worth the trouble to sue. I would probably disagree with the refund negating the contract unless it was a mutually agreeable refund. I do think it's a legally binding contract but in 15 yrs on ebay I am not sure I have heard of anyone pursue a matter like this (I am sure it's been done but rarely) in the courts. I would report him to ebay and move on.
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