Ebay Con-Artist (not sure what to do)

Brandon E.

Member
May 9, 2007
1,000
0
36
NJ USA
This is a long story so bare with me here, but I could really use some advice or insight.

About a month ago I bought a guitar on ebay. The pictures were blurry, from far away, and unrepresentative. The description described it as having "minimal damage", claiming the worst to be a cosmetic paint chip on the side of the neck that he photographed. In the Q&A he refused to send somebody more pictures and claimed the frets were fine and that the only chip through the paint was the one on the neck that he photographed. He also listed the specifications for the wrong guitar, but I am well aware of what a Peavey Destiny Custom and knew he was just not very knowledgable. Here is the auction so you can see for yourself.
http://cgi.ebay.com/ws/eBayISAPI.dl...7&ssPageName=ADME:X:RTQ:US:1123#ht_500wt_1413

It was a really rare guitar and I figured if all that was wrong was that one paint chip, I could touch it up and the guitar would be in pretty good shape, so I bought it. This is what I received:
http://s1022.photobucket.com/albums/af350/Morgray/Destiny Custom Damage/

I found this to be absolutely unacceptable and far beyond "minimal damage". The neck had warped and the frets were ripping the clearcoat off of the neck, IN MORE THAN 30 DIFFERENT PLACES. Somebody had attempted to sand the back of the neck, which was actually the cause of the "paint chip" on the side. There was a massive chip in the body of the guitar. The hardware was bubbling, and there were deep scratches in the paint. Since I already own another one of this exact same guitar I know that none of this damage is "minimal" or even typical. The seller denied that any of this was misrepresented and expressed that I should have expected these things, even though I am not psychic. He outright refused to give me a refund and take the guitar back. After several messages back and forth, I got this message from him

Buyer remorse no doubt because this guitar doesnt meet with your strict guidelines and you dont want to pay for it. Man up and do whats right, Iam sure that all your buys on ebay have not been perfect and if you expected perfect than you should have been more stringent in your purchase, I cannot begin to tell you how many things that I have bought including a couple of high dollar American Fenders that things were not quite what I read or something was left out of the description I realize that Iam buying used and do know that this is not a perfect world and neither is the world of Ebay.

At this point I escalated the dispute to eBay Customer Service, and they refunded me my $450 within 2 hours. I should mention that I've been an eBay member since the year 2000 and have a 100% positive feedback score of over 1300. He has been a member since 2007 with less than 200 feedback. So I shipped the guitar back the same day. I felt a load off of my shoulders and never thought about it again, and stopped going on eBay because I was turned off by this transaction. BUT TODAY, I logged back into eBay and saw I had a message from him that he sent two weeks ago, here it is.

I received my guitar back yesterday and quite frankly was shocked to see a chunk broke off the end of the headstock, I searched the inside of the bag and found no pieces and there was no damage to the box it was shipped in so I can only assume it happen while in your posession and as of now the guitar is worthless because of this damage and I probably wouldnt be able to give this guitar away.
I contacted Ebay and they said they are going to look into it and suggested that I send you a letter to let you know whats up and that is what Iam doing, If you would like to see pics of the damage please send me an email address and I will send them.
Please let me know if you have any intensions of trying to rectify this situation or do I need to pursue other routes to satisfy this situation.

He claims a chunk is broken off of the headstock and the piece is NOT IN THE BAG, and I KNOW that this is not true. he is ruling out the possibility of damage in shipping, and is basically accusing me of breaking the headstock of the guitar BEFORE packaging it, and sending it back to him broken, purposely. Needless to say I did not do that, and the guitar was in the exact same shape as I received it in when I packaged it. The headstock was definitely in tact. So realistically, he is making this all up and threatening to smash the guitar against a brick wall to try to fuck me over for it. As I said, I got this message 2 weeks ago and just read it today. I have no other messages from him, eBay, paypal, or anybody, so he has not actually done anything (yet). I'm guessing that he chickened out and gave up because I ignored his message and nobody took him seriously. I'm worried that if I respond or appear to take him seriously, he might go ahead and smash the guitar to show me pictures of the damage he claims I caused. I'm also worried that if I DON'T respond, and he files an eBay dispute, they might see that I ignored his message and rule in his favor.

It looks like I have no good options here, what should I do? Has anybody else had any experience with something like this, where somebody is maliciously trying to scam another ebayer? I am worried because I don't know how thorough eBay support is and I know they must get thousands of cases like this a day and can not ALWAYS make the right decision.
 
Just wait for Ebay to deal with it. Unfortunately this is just what happens sometimes with online buying. Even when I purchase something on craigslist I always ask to see their drivers license and take a picture of it just in case something happens. Best of luck dude
 
Best bet is to sit it out and wait for eBay to contact you further. If you're too anxious to wait, contact eBay themselves; don't say another word to this guy. At all.
 
You'll never get fucked on this one surely. The guitar he sent in the first place was already in unsellable condition & its plain for all to see. What a cock.

I would ignore him and message ebay about the situation, as you say they do try to take things in black or white to make their decisions.
 
Did you take pics of the guitar when you received it and as you were packing it to ship it back? I ALWAYS take pictures of items I sell before they are packed and try to photograph how they are packed step by step. This has saved my ass.

Also, go ahead and print pdfs of the item page/photos and all communication between you and the seller for your records.

The guide to winning is documentation. Have all your shit together.

NEVER get personal in your conversations with the seller - do not insult or anything like that. Be as nice as you can and only state facts.


CALL PAYPAL instead of emailing. It's very, very effective. Emailing them sucks. When you call you will actually talk to someone and action is taken quite a bit faster once you explain the issue. Call them now.
 
In reading others beef with ebay and paypal, it seems they side with the buyer more than they do with the seller.

My guess is you have nothing to worry about.

I'll second Sloan's thoughts though, ALWAYS take pics of the packing process and save all documentation of contact you have had with the seller/buyer.
 
That sucks, man. Ive only ever bought like 10 things off ebay and always lucked out I guess. Good luck.