Ebay seller wants me to leave positive feedback before refunding my money for legitimate "item not as described" return. Is this legal?

[infinitydose]

Hi, just some background on my question. I ordered a laptop, I was sent the wrong model of lesser value. I live in Canada and had shipped the laptop to my uncle's in the US (i was there on vacation when the laptop arrived and wanted to save on expensive canada shipping and customs) I settled for a partial refund ($100) but asked for a RMA letter for return and refund of the remainder when I realized I could not sell the laptop locally (obscure brandname Compal) and the wrong model did not meet my needs. Seller agreed.

I'm ok getting burned $20 for the return shipping to seller, eventhough they are at fault for sending wrong item, but I don't feel it's right to extort a buyer for "100% 5 star positive feedback first" before I get what I am owed. The laptop was delievered to them last Friday so I feel i'm in a vulnerable position as they have my money, the laptop and feel they can extort me. 😞

Can someone advise me on what I should do? I'm afraid of leaving positive feedback now while he has my money and the laptop, what is to say he won't keep the money and if I open a PayPal dispute say "but look, he left 100% 5 star rating, he was totally satisfied, we do not have to refund anything" ahhh

i've attached screenshot of his message.

[scifan57]

Don't do it. If you do you'll never see your refund. Tell your seller that you will leave feedback only AFTER receiving the refund. Did you use delivery confirmation when you shipped the computer back to the seller? Without delivery confirmation, PayPal will not issue a refund. One last question here. Was a PayPal dispute of any kind already opened in regards to this transaction? The reason I ask is that only one dispute per transaction is allowed.

[femmefan1946]

Feedback does not prevent opening a dispute if only because problems can arise even if the item seem fine at first glance.

Nevertheless, his answer is such that I would be opening the Paypal dispute immediately.

And no feedback until you have a satisfactory resolution.

Did you return the laptop with Delivery and/or Signature Confirmation? This is much more important than any feedback.

Paypal will not refund the return shipping, in part because they never touched it and in part because it is a way of preventing a plethora of "Buyer's Remorse" claims.

You have only 45 days from the end of the auction to start your dispute. From your description that may be close and the seller may be trying to run out the clock.

You have 60 days to leave feedback and the more important Detailed Seller Ratings. Remember when you leave DSRs that no rating is a free pass. The lowest rating is ONE star and a normal transaction gets Five stars.

[dmil8030]

Hello 'infinitydose',

Do not leave feedback first.  You bought that August 16 so you still have time to get it sorted out.  Your seller is not a newbie and knows exactly what he is doing.  Leaving feedback is what happens after you are satisfied with a transaction, - or at least when it has gone as far as possible.

The big question is, - Did you send it back with Delivery Confirmation?  You say it was delivered to the seller last Friday, so it sounds like it.  If so, you can and should open a claim for 'Not as Described'.  See Section 4 of the following link:

http://pages.ebay.ca/help/buy/item-not-received.html

Maybe I am feeling particularly cynical today, but it sounds to me like your seller is intending to avoid refunding.  All his negs and neutrals are about poor quality items and poor service, the last visible neutral pointing out that once the deadlines had passed, the seller was never heard from again.  Moreover he has 8 revisions, and we all know that no one revises a positive.

Right now he has the laptop and the money.  Open the claim.  If you did not use Delivery Confirmation he will know it and you will lose completely, - made all the more injurious if you have been tricked into leaving positive as well.  (That would call for a negative in my opinion.)  You have a low feedback score and he believes he can take advantage of your 'youth' and inexperience. 

So, - open the claim, enter the Delivery Confirmation number into it (to speed up the refund), get your money back, and then leave whatever feedback you feel he truly deserves.  Just do it before the end of day 60. 

I wish you well with it. 🙂

Oh, - that screenshot you included is too small to see.  Perhaps I need a new laptop.:^O

[heidilynn0_3]

Signature was required as over $250. US but open the dispute regardless.

[scifan57]

If you didn't use delivery confirmation for the return and lose the PayPal dispute, there is one final hope for a refund, a credit card chargeback if you funded your PayPal payment with a credit card. Have all the transaction details ready when you call the 1-800 number on the back of your card and request the chargeback. There is no guarantee that the chargeback will work but you have nothing to lose by trying, just wait until the PayPal dispute plays out before trying it.