I sold a Fake Rolex watch on EBAY...guy wants to sue?

Give it back to him, and call him a dumb idiot for not doing his homework when purchasing something. Did he ask you questions?

Yeah refund him, but dont apologize. His retarded, and his just threatening you. His most probably not a lawyer either. Get him in trouble for claiming to be one too...

www.calbar.com to see if his name comes up as an attorney.

Ebay Rolex

Rolex Ebay

Well, for one, they are two products I will almost certainly never spend a dime on (fake or otherwise)... Viagra for the spam you spoke of, and Rolex because I have a million better things to spend my money on. Spammers are a scourge on modern society, in the same vein as boom-cars, telemarketers, spyware and Nancy Grace -- annoyances we just have to deal with. They are a bunch of weasels (actually I much prefer weasels) whose shameless pursuit of easy money with no regard for the cost to others shows they have no integrity. It causes the rest of us a lot of time, great annoyance, significant money, and possibly harm to our computers, not to mention that it spreads distrust and misinformation, each of which the world has plenty of, thank you. If there is a hell--and unfortunately I don't believe there is--I hope its ex-spammer residents have the job of checking Hell's e-mail every few minutes throughout eternity... and that they get nothing *but* spam. If I ever want to take sildenafil or whatever erectile dysfunction drug is around in the future, it will very likely be a Viagra competitor... one who doesn't send daily reminders of its annoying business practices. I wouldn't even buy generic sildenafil in case Pfizer (Viagra's maker) gets some kind of kickback. I would go with a different drug and manufacturer entirely. Cialis (Tadalafil) is different, *and* its spam e-mails are far less frequent in my inbox. Rolex too, though I do see them regularly. (And I don't necessarily blame the real Swiss manufacturer.) And let's not forget the get-out-of-debt schemes and people who "loved" my photo (which is posted nowhere on the Web). I don't think there's a spammy-products warehouse, though Pfizer may come the closest! I took the trouble to contact them (courteously but with great clarity) a few months ago about their spam, because I'd read that manufacturers are often behind spam campaigns -- though they may play innocent -- and that we should boycott spammy products or at least complain about them to the makers. I informed Pfizer that unless they could give a more reasonable explanation for the Viagra onslaught, they've permanently lost a potential future customer in me. Guess what?.... my Viagra spam increased noticeably after that. I got no other response from them. Both of these facts tell me I was probably right to suspect them of paying spammers to do some of their marketing. If the heads of Pfizer aren't as shady as I tend to believe, they could sure do a better public relations job... starting with a polite answer (or any answer) to my e-mail.

Well, I read your other post and KNEW there was more to the story.

The burden is on the seller. It was YOUR responsibility to research the watch (or any other things you might sell on Ebay) BEFORE you listed it.

What you need to do is refund the guys money....period..... And, yes, he can take you to court...there are several criminal charges that could be filed against you and you would lose.

Just give him back his money...that's all he wants - and it is his right to demand a refund. You misrepresented the merchandise (ignorance is no excuse) and he bought it based on your false description..you own him the money.

Yes on both questions (especially due to the dollar amount involved), as it is your responsibility to make sure that any goods you sell on EBay are authentic.

As many of the above posters indicate, the best solution is to ask him to return the watch to you in exchange for the the price paid and the original shipping charges upon receipt of the item with your apologies; the shipping charges to send it back insured mail with proof of delivery to you should be at his expense.

If you don't not only will he win in Civil Court, he may be able to file fraud charges and you may be kicked off E-Bay permanently.

If you sold a trademarked item, like ROLEX, you are guity of a federal crime. I would suggest you give that guy back his money and let the matter go. If not, you could very well end up in prison.

Selling counterfeit goods through the mail and through interstate commerce is indeed a federal offense.

It depends on how you set the acution up on Ebay. Did you state in the auction title or description that it was a replica/fake Rolex? And also did the buyer ever email you at anytime during the auction to ask to confirm whether it was a real Rolex. If he didn't, then it's his loss.

If he wants his money back let him go through the process Ebay has for resolving matters first. For now, keep the money.

maybe the guy is crocked, and it is his fault, did you check out his feedback rating and are there any similiar incidents with him, and perhaps he is just backing out of the deal cause he changed his mind. There are some strange ones out there. Use your judgement, how would anyone know if he switched the watch or not. Did he return it and are all the parts intact, this is a touchy one, and he sounds cocky, probably he can do is leave negative feedback. Since he is so important and has such a great job, perhaps, he should go out and by himself a new one. Also, you can do a check via internet and see if he is registered with the bar association in his state. If not then he can be prosecuted for stating he was an attorney, they do not take that lightly at all.

Hope my notes help.

I would give him back his money, pronto. If you have to get yourself involved with a lawyer over this, it will cost you so much money you will be ill.

Wouldn't you be a little pissed off to pay for what you thought was the real thing only to find out you had been had.