I have listed on item on Ebay before shipping it I noticed there was a scuff I contacted the buyer..

[spectra101]

I have listed on item on Ebay before shipping it I noticed there was a scuff I contacted the buyer about this and they wanted $60 off due to this. I said Ebay already took a $50 fee from me for selling it and offered to cancel and refund. He relies back with just ship it then ;-).

With him accepting this can he receive the item and open a item not as described and get his money back eventhough he told me to just ship it?

[marnotom!]

Pretty much.  And you'd have to pay for the return shipping, too.

An aside:  Buyers generally don't care how much you paid eBay in fees.

[spectra101]

So best to just cancel and re list?

[rocketscollectibles]

If he got bad faith yes he still could open an INAD case. But maybe you could win the case by contacting eBay and telling em to take a look at his message agreeing to shipment, if he open a case for the defect that you told him

You could cancel with 'damaged' as reason but you would take a defect. You could cancel with 'buyer requested to cancel' but if buyer has bad faith, he could contact eBay to have you a defect. If you decide to cancel be sure to block the buyer, he'll be triggered

I think i would still ship personally, worst case scenario he open a claim and you accept the return, some buyers fishing partial refunds give up when they see you'll take it back for a full refund

[byto253]

I would have countered with a lower offer instead of telling him about fees.  I don't think it is correct that he is not getting what he thought he was paying for, and would not send it out at full price.  Yu are very open for an INAD.  They can easily say that it was worse than they thought, etc., you have no recourse.

Perhaps email back that a reduction is in order and offer what you think is a reasonable number.   $60 does seem a bit high, but is $30 in your wheelhouse?  Up to you.

[ilikehockeyjerseys]

If this is the Sony device from your sold listings, I think it was overkill to contact the buyer. It was listed as used (with cosmetic wear being noted in eBay's catch all description). While you didn't photograph the sides, you can very clearly see scratches throughout the entire unit already in the pictures. There is a pretty big scratch on the front in your main pictures, and obvious cosmetic wear throughout. 

Given the price of the item, it's a good policy to photograph all 6 sides. It also is a good policy to note that there is scratches and cosmetic wear throughout even if the photos directly show that. 

You're right that it's better to message a buyer if you notice an issue with an item before shipping, but it was already pretty obvious from the photos that this was used with cosmetic wear and not like new. 

As far as your question goes, buyers can open an item not described claim for any reason they want and you have to refund, agree to a partial refund, or provide a return label followed by a refund. If they opened the return in bad faith, you can report them to eBay. In rare cases, eBay might cover the refund as a courtesy, but you shouldn't expect this. Reporting them doesn't do anything to help you directly, but it can result in eBay removing the buyer from the buyer protection program. 

While I think the condition of the item was consistent with how it was presented in the listing, because you said it wasn't, that's the position you're dealing from. I think you would have a tough time selling eBay on the idea that the buyer was in the wrong here if they opened an IND case after you admit to accidentally misrepresenting the item, turn down the amount the buyer stated they would want for a partial refund, and then send a misrepresented item anyways at full price. 

I think the main take away is to photograph each side of a used item, and unless it is 'like new' blatantly state that there might be visible cosmetic wear throughout. 

[ilikehockeyjerseys]

I would not use the buyer requested to cancel because unless it is extremely black and white. It can lead to issues with eBay who don't like people using that as a loophole to circumvent defects. It's really meant for something explicit like the buyer messaging you and saying I don't need this anymore can you please cancel the order. 

For a casual account that is not a top rated seller or operating on eBay as a business, a single defect for an item being damaged or out of stock is not going to matter. eBay taking action against an account for circumventing a defect will hurt it more than a single defect that will eventually expire. 

[byto253]

Agree.  If a discount adjustment for the scratch that was not disclosed was made, and the buyer decides that is not enough, then you would be in a better place to indicate cancellation at buyer's request.

As it stands though, the buyer said to ship it with the new scratch.   If they won't accept a smaller reduction that they initially asked for and still want it shipped, there is a record that reasonable efforts were made.