L
Lovingangl
Guest
I am a seller on Ebay, and I live in New York State. Selling on Ebay is a part time Hobby for me.
I just recently purchased what I believed to be a painting from a local auction and I sold it on Ebay for $500.00. (My reserve price was $45)
The buyer states that he is an art conservator and what he received is not a painting, but a print. He is acusing me of art fraud.
He is demanding that I pay for an epraiser, (an online apraiser) Pay for his shipping costs to return the item, and pay for mediation fees (We are currently using the service Ebay offers.) and he is demanding a refund BEFORE he returns the merchandise.
He has also filed a compliant with Paypal. Paypal has frozen the funds in my account while they investigate the issue.
The buyer also accused me of "Fraud", criminal activity, and said that I was lying in mediation, on one of Ebay's community message boards.
He has also left me a negative feedback on Ebay, during mediation. With Ebay's service, if both people agree on a resolution and there is a negative feedback, the negative feedback will be removed. So, If I accede to his demands, his negative feedback will be removed.
He has told me that he is also contacting the New York State Police and will be filing State charges as well as Federal Postal Fraud, Wire Fraud charges, Ebay Fraud Charges, as well as Art Fraud.
I have offered numerous times to refund the purchase price of the painting, upon return of the painting. He will not do this as he is "holding the painting as evidence".
My questions are:
Can I legally hold his money until the painting is returned to me?
Can I stipulate a reasonable time period (2 weeks?) in which to receive the painting back, and not offer a refund if the painting is not received within it? "By not returning this item for a refund within the stipulated time period you have shown agreement with your purchase and are therefore no longer entitled to a refund....."
How far legally, can he actually go with this?
Should I receive legal counsel at this point?
And Lastly, do I have any legal recourse against him at all?
Thank You for your help! It is greatly appreciated!
I just recently purchased what I believed to be a painting from a local auction and I sold it on Ebay for $500.00. (My reserve price was $45)
The buyer states that he is an art conservator and what he received is not a painting, but a print. He is acusing me of art fraud.
He is demanding that I pay for an epraiser, (an online apraiser) Pay for his shipping costs to return the item, and pay for mediation fees (We are currently using the service Ebay offers.) and he is demanding a refund BEFORE he returns the merchandise.
He has also filed a compliant with Paypal. Paypal has frozen the funds in my account while they investigate the issue.
The buyer also accused me of "Fraud", criminal activity, and said that I was lying in mediation, on one of Ebay's community message boards.
He has also left me a negative feedback on Ebay, during mediation. With Ebay's service, if both people agree on a resolution and there is a negative feedback, the negative feedback will be removed. So, If I accede to his demands, his negative feedback will be removed.
He has told me that he is also contacting the New York State Police and will be filing State charges as well as Federal Postal Fraud, Wire Fraud charges, Ebay Fraud Charges, as well as Art Fraud.
I have offered numerous times to refund the purchase price of the painting, upon return of the painting. He will not do this as he is "holding the painting as evidence".
My questions are:
Can I legally hold his money until the painting is returned to me?
Can I stipulate a reasonable time period (2 weeks?) in which to receive the painting back, and not offer a refund if the painting is not received within it? "By not returning this item for a refund within the stipulated time period you have shown agreement with your purchase and are therefore no longer entitled to a refund....."
How far legally, can he actually go with this?
Should I receive legal counsel at this point?
And Lastly, do I have any legal recourse against him at all?
Thank You for your help! It is greatly appreciated!