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?

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • 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.
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Answered
  • 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.

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