Do I have grounds for fraud and negligence

Asked over 1 year ago - North Dartmouth, MA

purchased a motorcycle seat from ebay . person listed pictures of item and text as new . . before item shipped , was asked by seller if I was interested in two more . I informed him I needed one . Recieved seat and it was defective . did not match pictures listed on auction . . Opened claim through ebay service and was told to work it out with seller . I was contacted by seller He stated he would ship the item that was listed five days latter , contacted him and he stated he would ship next day Friday . Contacted him five days later , stated he had no time to ship item listed and I could keep the one sent and the item listed when he could ship . Esclated bay claim . ebay wants to pay for return shipping to seller and will issue refund if item is returned as shipped . seller claims no damage as shipped

Attorney answers (1)

  1. Kyle Piro

    Contributor Level 8

    3

    Lawyers agree

    Answered . You might have a case for fraud, and potentially a claim under 93a in Massachusetts, but the value of your item and any damages is likely low and thus an attorney would probably be more than any damages you could recover. It would seem best to keep going through Ebay's claim processing.

    Kyle Piro is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be... more

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