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asked on Apr 15, 2015 at 13:25
by   Bella
I sold an item for RMXXX on eBay malaysia. After the buyer has bidded & won my item, I realized my item was damaged. So as an honest & ethical seller, I informed the buyer thru email personally & apologized. He then said that he wanted to sue me for breach of contract. Then I proceeded with the cancellation of transaction on eBay. The buyer not only rejected the cancellation of transaction but also emailed me to say that he will proceed in taking legal proceedings against me. He also sent another email saying that he will be sending payment to me shortly via COD (Cash On Delivery). And another email saying he didn't received the item!! I have the emails to prove it.

I have already informed him that the item is damaged, of coz I can't sell it right? It isn't ethical. So why is he doing all this? Why send an email saying he will make payment via COD? How is this even possible when he doesn't have my home address or even my bank account number. Obviously no payment was done. He is trying to be nasty & I don't know what is he trying to do....

Please advice as soon as possible. Thank you.
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answered on Apr 15, 2015 at 13:38
by   vkpc
If I bid for something and won it but later seller tells me "sorry no stock" or "sorry item is damaged" of course I will feel cheated.

I would think that perhaps

a. the item did not exist and the seller is just trying to attract the crowds to his/her online store by quoting an attractive item or price

b. the item was sold at a higher price to another buyer after bidding was closed due to greed of seller

I would want to make a complaint to ebay to close down the seller's account so that others wont get cheated as well.
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answered on Apr 15, 2015 at 14:33
by   Miss
Are u a lawyer? You are not replying to her question : can seller be sued or not?
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answered on Apr 15, 2015 at 14:39
by   Bella
Hi vkpc,

So are u suggesting that I take payment anyway? And post a damaged item (my 2 year old scribbled on the poster) to the buyer so the buyer will know I am telling the truth & will not 'feel cheated'??

And then later when he complains that it is damage, I refund money to him & he return my item?
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answered on Apr 15, 2015 at 15:52
by   Jeff
Are u a lawyer? You are not replying to her question : can seller be sued or not?
YES - CAN BE SUED

Please be informed that this is a public forum where all can write and comment. If some ppl are not happy with the replies just leave this page. There is no need for lawyers to post as they are not paid. If ppl feels that the replies is fake AND misleading, do not post here again or continue with this thread.

Please be informed that the buyer need not acquire the services of a lawyer to file a Writ of Summons in a Court of Law to the seller. The buyer can do a DIY if have enough legal knowledge AND COURT PROCEDURES.
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answered on Apr 15, 2015 at 15:52
by   vkpc
You are bound by the bidding contract to keep the item safe from being damaged or stolen before delivery.

How would you feel if a bidder pulled out from the deal because
he just realized his money was stolen after he won the bid?
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answered on Apr 15, 2015 at 16:13
by   Jeff
@ Bella

You have missed the pointers in the above posting by vkpc. Obviously the other party(Buyer) has legal knowledge. Whether paid or not does not matter. A Contract has been formed ( By Laws Of Contracts ). By the buying of a Bank Draft and not sending OR EVEN THE INTENTION TO PAY, already signify he has completed his part of the contract. The emails, if you study it carefully, indicates a breach of contract on your part.

Just ignore all future emails. The more you try to explain, more issues will be created. Breach is breached. Taking a choco bar from a hypermart without paying accidentally is still shop lifting regardless of the amount be it intentional or careless. Watch out for young kids in stores..!!!

For RMXXX to go to a Court of Law or Small Claims Court?? Obnoxious individuals, although the buyer has all the rights. There are so many issues in our country that needs serious and immediate attention than to squabble on EBAY..??

And I am not a lawyer and you cant pursue my opinions in a court of law..
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answered on Apr 15, 2015 at 21:26
by   Bella
Hi Jeff, thanks for the advice. Can I know how much it cost to sue someone/to open a case? And do I have to pay anything? Who knows maybe the seller will go ahead, so I better know these things in advance...? And yes I have ignored all emails after he sent me the email where he said he will be making payment shortly via COD & that he didn't receive the item. All these AFTER I have informed him of the damage.

Hi vkpc, yes I know I shud have checked from time to time. Wen I first listed, it was in perfect condition, nobody bought it, and few years down the road I continued listing it. Didn't know my 2 year old could reach & scribbled on it  Thanks for advice.
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answered on Apr 15, 2015 at 22:31
by   Jeff
@ Bella

U shd be a homemaker, by your language, well educated, but lack the experiences of the outside nasty world. The buyer do not have the time to do it even if he/she is a lawyer. Too much time consuming, just playing psycho and nothing better to do.. You must written too much apologizes and sound soft in your earlier emails and the buyer is just vending his/her frustrations on you. I dun know how Ebay works so no comments.. just close that ac and be more careful on those online sites..

To get a lawyer to do it, maybe close to 1K, DIY in small claims court less then 200.. But travelling, time costs, parking?? The agony of waiting? Taking leave to attend court?? Just drop that mental torture and hv a great time with yr babe.. There are lots of scams on those sites and naturally buyers can get agitated..
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answered on Apr 16, 2015 at 13:15
by   Bella
Wow Jeff, u are really impressive! Yes, I'm a home maker, and a graduate who had to resign to take care of my kids. And yes I do not have much experience of the outside nasty world. And yes I might have sounded too soft & apologetic in my emails. But only because I felt really bad.

Anyways, I emailed Ebay Malaysia's customer service & explained what had happened. I got a reply saying that they have checked my Ebay communications between me & the buyer, and since there were no payment & I have already submitted the cancellation of transaction, they didn't think I had breached any contract like the buyer mention. And that i should ignore all emails from him & if I feel that he is threatening me further, I should report to the police.

So, I'm just gonna leave this all behind. And will be deleting this thread soon. By the way, how do I go about doing that?? Hehehe... And thanks miss, vkpc & Jeff for your time to read & reply.
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answered on Apr 16, 2015 at 14:57
by   Jeff
@ Bella aka Miss

And will be deleting this thread soon. By the way, how do I go about doing that?? Hehehe...
U have no locus standi to effect this delete
This thread belongs to Lawyerment and to all who has read and replied
This is a very good posting, why try delete it?
vkpc has pointed out the feelings of a buyer who needs vindications..
U shd know you cant delete this post as this is not the first time you have done posting and have read articles b4..
I know how to but i am not gonna teach anyone otherwise my own postings can be deleted by unknown psychos'..
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