Wow...even if the seller doesn't "win", he's still forced the buyer to pony up a lot of $$$

http://www.azcentral.com/offbeat/articl ... wsuit.html

You know what bothers me?  Why does the article keep saying "time clock"?  Are there clocks out there that have nothing to do with time?

TheHistorian wrote:You know what bothers me?  Why does the article keep saying "time clock"?  Are there clocks out there that have nothing to do with time?

He means a punch clock: insert a timecard and get a time stamp.  Time clock is the right term, though it does look odd as hell.

Best,

Paul

misterspock wrote:Wow...even if the seller doesn't "win", he's still forced the buyer to pony up a lot of $$$

http://www.azcentral.com/offbeat/articl ... wsuit.html

That lawyer (the seller) has the ethics that a Used Car Salesman would be ashamed of using.
What an asshat.
I also hope the poor buyer can get his attorney funds back and even win that frivilous lawsuite, but it does not look like he will.
He has already lost his own attornies from not being able to pay any more money for them.
And the seller is an attorney himself... buyer is screwed royally.
The asshat seller has too much money and in this country that is what wins most civil cases.
Justice and truth would be nice, but money wins.

I'd say "Only in America!"     but unfortunately this sort of shit is becoming noted in the UK as well now...  

If in doubt, blame someone else and screw them over crying 'foul' and wanting money for f'k all!

I agree with the above. Excuse me whilst I vomit...

Good chance for proactive reflection to make sure this doesn't happen to any of us, though!

Did anyone notice that the time clock listing was "as is".  I think all of us probably need to know the distinction between ebay buyer protection and law regarding "as is" items.  People complain about ebay all the time, but half the problems is because Ebay sort of makes up its own rules. I expect the buyer is buried in this one because of the "as is" disclaimer and the fact that his comments appear to be defamation.  

I hope the seller gets no more than a $1 award and a court order to Ebay to remove the feedback, however.  $15k and attorney costs (for both sides) and a feedback removal seems excessive, but the judgment may easily end up that high.

All the buyer had to do was not buy "as is" or when he got his money back, just complain to his buddies instead of "publishing" his thoughts to avoid this.  Nothing says caveat emptor quite like "as is".

F*ck him.

I'm leaving as much feedback as I can.

Let them sue me.  

I agree most people selling "as is" are using it as a crutch and it is shoddy business practice.  

One answer is for buyers to leave "as is" listings alone and not buy them from some who is legally claiming no responsibility for the quality of the item.  

"As is" makes sense when a bank is selling a house foreclosure in a vacant town for so little that they can't afford to send people out to check on it.  But, "as is" for a clock (or a book or game) on ebay, has no easy reasonable explanation.  I think that's what's really wrong here.  "As is" looks like a crutch the seller tried to use to absolve him of a bad description.

Yet, this buyer agreed to the "as is" purchase and trashed the guy in the feedback.  Most sellers will grumble and walk away, but he is getting hammered.  

I am not saying this is right or wrong, just that it's in all of our best interest to understand business and transaction risks.  

Kudos to anyone who decides to tackle unscrupulous sellers head on.  I would prefer not to do it and find out I just spent a year of my kids college fund on an emotional response to an ebay purchase.... especially if I already got a refund.  That's a fools errand.

Kids college fund vs. using feedback to warn some other schmuck not to buy "as is" is a no brainer for me... they should have figured that much out for themselves.