Asked in Small Claims and Contracts for Maryland

Q: Sold someone a graphics card on ebay. He contacted me a day later said its broken he now wants a refund.

He came to my house he tested it he said everything was fine he paid with cash. A day later he contacted me saying that after prolonged usage he can see artefacts on the screen something that has never happened to me. He asked for a refund but instead i just told him that I can send it for reper since it still has warranty. He agreed to that but i am afraid that whatever he did to it to damage it in such a short period of time will void the warranty and it wont cover. He also said that i am obligated to give him his money back if he requests a refund in the first 14 days because i didn't specify in the ad that i dont accept returns. Can he take legal actions?

Related Topics:
2 Lawyer Answers
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You need to carefully read over the ebay terms of service and obligations between buyers and sellers, as that is a contractual matter as to what terms you bound yourself to in the sale of items over that platform. Under normal circumstances, unless you knowingly misled the buyer with a false misrepresentation as to the item or knowingly concealed a material defect in the item, then the item was sold "as is" and there is no refund. However, if you agreed to different terms as part of selling on the ebay platform then you will be bound to those terms.

Leonard A Englander agrees with this answer

Ronald V. Miller Jr.
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Baltimore, MD
  • Licensed in Maryland

A: You have no obligation to refund the money unless there is some Ebay rule - which I doubt - that inserts contract terms into your contract.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.