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3 MP40QWD, Extra WETSIDE & Reef Link

Mywifeisgunnakillme

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I think the buyers point was he was operating under assumption that pumps were 1.5 to 2 years old, if working, he wanted them, and that subsequent correspondence did not make it clear to him the initial affirmative representation about age was not correct.

The age of the unit is material because 7 years is probably about its expected lifespan. The buyer thought he had 5 years of life left.

Probably no one would buy at price offered for units that old.

Your point is essentially u misrepresented the age of the unit, inducing the sale, but then corrected not by affirmatively correcting the misrepresentation but by providing documents that the buyer could use to determine there was indeed a misrepresentation made.

The actual condition, video, and addition of items still operated under premise that units were 1.5 to 2 years old; those videos and additional consideration are not very relevant to misrepresentation issue at hand....

Again there was no affirmative correction of the misrepresentation so the buyer was left to figure out why the pumps were operating "rough". Not until inspection did he do so. The age of unit was a material term of the agreement.

In sum, you're taking the buyer beware stance. That is not favored in courts, expressly rejected by UCC, and IMO not proper in this forum.

At best for you there was a mutual or unilateral mistake, and no misrepresentation, but still under those doctrines, buyer can still void sale.

This forum is about helping others, being nice, and gentlemens agreements and sales.

If you're looking to make buck IMO, and pulling bait and switches like above, sell on ebay IMO...
 
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Mkkari

Mkkari

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I think the buyers point was he was operating under assumption that pumps were 1.5 to 2 years old, if working, he wanted them, and that subsequent correspondence did not make it clear to him the initial affirmative representation about age was not correct.

The age of the unit is material because 7 years is probably about its expected lifespan. The buyer thought he had 5 years of life left.

Probably no one would buy at price offered for units that old.

Your point is essentially u misrepresented the age of the unit, inducing the sale, but then corrected not by affirmatively correcting the misrepresentation but by providing documents that the buyer could use to determine there was indeed a misrepresentation made.

The actual condition, video, and addition of items still operated under premise that units were 1.5 to 2 years old; those videos and additional consideration are not very relevant to misrepresentation issue at hand....

Again there was no affirmative correction of the misrepresentation so the buyer was left to figure out why the pumps were operating "rough". Not until inspection did he do so. The age of unit was a material term of the agreement.

In sum, you're taking the buyer beware stance. That is not favored in courts, expressly rejected by UCC, and IMO not proper in this forum.

At best for you there was a mutual or unilateral mistake, and no misrepresentation, but still under those doctrines, buyer can still void sale.

This forum is about helping others, being nice, and gentlemens agreements and sales.

If you're looking to make buck IMO, and pulling bait and switches like above, sell on ebay IMO...
BTW the mp40s are NOT 7 years old, that is an assumption made by the buyer, so for this thread and situation your opinion is irrelevant.

Before you point fingers at others, know your facts sir.

Or the law states - No one is guilty until proven, so I am guilty on as per your assumptions?

In short you are biased to the buyer and you are absolutely right these mp40s are going to make me a millionaire...dang!! I just lost my million.
 
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Mywifeisgunnakillme

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My analysis is based on the facts you gave, the plain language of your misrepresentation.

But what do i know, i just litigate in front of judges everyday and tried to politely explain how a court will see this issue.

Good luck, the better approach for you would have been to refund the money upon receipt of the items retuned.

Now, in addition to losing the paypal dispute, people are going to read this and there going to be skeptical about buying from you in the future....

Sometimes its hard to admit when you make mistake. But in this case you did. It rises to a misrepresentation. This has nothing to do with reasonable doubt or criminal law, just that the buyer can void the sale under these facts by a preponderance of the evidence..
 
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Mkkari

Mkkari

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@Mywifeisgunnakillme

First of all, I appologise for coming out rude to you. Yes, you did politely try to explain how this will go if was taken to the court, I appreciate that. But just for future reference, the part where you mentioned about making money and selling in eBay portrays me as a scammer. So, when you are trying to help - please stick to the point that is relevant to the argument.

It doesn't bother me about people looking at this thread and being skeptical, in the end of the day the product is what matters and I am not a reseller to worry about it.

But doesn't matter what PayPal says, I will not let myself be scammed. It is as simple as that.

I appreciate your input.
 

Mywifeisgunnakillme

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But doesn't matter what PayPal says, I will not let myself be scammed. It is as simple as that

Is the buyer requesting anything other than a refund once items are returned to u?

A refund and shipping costs to return would all a court would do. Im not sure what paypal would do regarding shipping costs.
 
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Mkkari

Mkkari

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I am not against the refund. What I am against is the fact that the buyer got exactly what he paid for and the pictures i sent him and now all of a sudden he doesn't want it and falsely accusing me, That is just suspicious to me.

He said that he verified with ECOtech and they told him that it was 7 years old (item was delivered saturday) and he said it wasn't qwd just a fake cover. So there is so much accuses that is making me worried about getting my real product back or something that was used for parts and send back to me.
 

Mywifeisgunnakillme

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I would ignore the ancillary accusations, request the product be sent back, issue a refund once product is returned, get him to agree to drop paypal dispute if you two do all of this, and be done with it.
 

jmichaelh7

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Well said mmkari.

There was a Miscommunication Factor here.

good luck with the post sale.
 

Mywifeisgunnakillme

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SCReefaholic

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You advertised 1.5 to 2 year old Quiet Drive pumps. You sent me 7 year old standard pumps with QD controllers poorly patched on. You lied about the age and you lied about them being Quiet Drive pumps. Its that simple.
 
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Mkkari

Mkkari

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You advertised 1.5 to 2 year old Quiet Drive pumps. You sent me 7 year old standard pumps with QD controllers poorly patched on. You lied about the age and you lied about them being Quiet Drive pumps. Its that simple.
Its not that simple because you are an lying ****** calling me a liar.
Accusing me of sending you 7 year old item which I am sure its not.
 
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