Need advise on eBay auction

[BelBo2]

California.> Hello. This is my situation. I had an auction up on eBay for a 2 carat
platinum ring. It was my mother in laws and she has since passed away. I
was told the ring was a 2 carat diamond ring, I-1/1-2 carity. J color.
That's what told to her from the man she bought it from. I put it up for
auction with that information. I said in my auction description that I
didn't know much about the ring, but that I would do my best because my
Mother in law was no longer with us. The ring sold for 1500.00. My Mother
in Law paid over 3000.00 for it. Anyway, the winner said that he was happy
with the ring, but not real happy with the diamond. He asked if I would be
willing to refund him the money back, but said that he understand if I
didn';t want too, because he had me end the auction early for him. I said I
preferred not too because of all the expense that had occured already. He
said that was fine, he understund. Said his wife was happy with the ring
and that someday they would replace the stone. We closed the deal and left
each other positive feedback. I had held on to the money till I got the
green light from him, which I did. I then paid bills with the money. That
was the reason we sold the ring, because we needed the money. The next
couple of days they have the ring looked at and finally appriaised and said
the quaility was lower and they wanted a refund. I told them that when they
said they were satisfied I closed the deal and used the money. I have no
way of refunding the money now because I used to pay off bills. I don't
have that kind of money that's why I waited. They are saying this is fraud
and want their money back and are pursuing this case. There was no intend
of fraud here. I only had that little knowledge I had. They knew that I
didn't have an appraisal on the ring. The ring did appraise for 1480.00.
Only 20 less then what they paid for it. I just need to know what I can do
from here. I don't want any trouble but I don't have the money to refund
them and no way of getting any. I r
> would have had the ring appraised before they told me they were
satisfied. What options do I have here. I'm really concerned. Thanks in
advance.
>

 

[JETX]

First, I want to congratulate you on your honesty in being prepared to refund the money early on and apparent desire to make sure that this was 'done right'.

Now, to your issues:
1) You are in California, where is the buyer?? If in another state, he would have to pursue you in CA making it much harder for him to litigate.

2) It will be critical for you to retain all your correspondence to/from the buyer, including the email headers. (I have seen too many times when the 'evidence' got lost due to hard drive or computer problems, print it NOW).

3) Assuming eBay hasn't deleted your post, goto the ebay site and print it your auction ad. Same as 2, do it NOW.

Now, read your ebay ad. Was it accurate?? Did you make a fact statement as to the size, color, clarity, etc., or did you say something like "I have been told it has the following....". If a fact statement, you may have a problem. If a general statement, then you probably are okay. You have to consider this from a 3rd person (the Courts) perspective. Can the buyer convince the court that you knowingly were deceptive in your ad?? Can you convince the court that you weren't?? The decision on a court could very easily be determined in your answers.

 

[BelBo2]

Thank you Steve......

They are in New Mexico. I said I didn't know too much about the ring, which I honestly didn't. I'm not a jeweler nor know that much about diamonds. No fact statement. I WILL print everything right now. Your right, computers crash al the time and then I would lose everything. Thanks again for responding. I know have some idea on where I stand.