Seller won't issue a refund and demand a compensation

[avidgymgoer]

This did not happen on ebay but I just want to see if it's illegal for a seller to do this.

This guy demanded my brother to pay $150 in order to compensate for his bike frame packing and disassembly. The seller thinks my brother violates the tort law, which is ridiculous. The bike frame has not been shipped, should I contact the authority for theft? this guy was paid $2250 for the frame.

[femmefan1946]

You/your brother bought a bike frame.

You paid $2250.

The seller has not shipped the frame.

The seller refuses to refund the payment.

You have up to 30 days after eBay's last estimated date for delivery to open an Item Not Received dispute in the Resolution Centre at the bottom of this page.

You can skip the suggestion that you Contact the Seller, since you have apparently already done this, and ask eBay to step in, escalating the Dispute to a Claim.

If the seller does not prove delivery (not shipping, delivery) you will be refunded.

If the seller does not do this voluntarily, eBay will refund you and go after him for their money. He will also get a Defect, which is a Very Bad Thing for a seller.

If you leave feedback, remember that the most effective FB is calm and factual. "Demanded extra money after sale Did not deliver when paid" about covers it.

EBay does not allow sellers to demand more money than the advertised price. This demand should be mentioned in your Dispute.

Oh this is not an eBay transaction?

If you paid through Paypal the same situation obtains.

PP's Resolution Centre is at the top of your PP account page under Tools.

Any free advice is worth every penny you paid for it. If you didn't use PP (or a credit card) for payment, you need a real lawyer.

[avidgymgoer]

Got it, thank you. Do you think tort law applies to this? it'd ridiculous if it is in my opinion. 

[thestuffofchris]

As my knowledge of law is admittedly limited, I will refrain from commenting specifically on this situation in regards to the law. I'm sure someone else on these boards is much more knowledgeable in that area and will be of much greater help.