I bought a PC on ebay and it had the wrong processor, the other parts included were still a good deal, so I contacted the seller to ask if he could sent the right one and I will ship the wrong processor back. He says he wants to cancel the trade, even though I have already paid for it and I have received the item, I said I won’t be returning the item, now he is threatening to sue me if I don’t return. Is there any oddities in German law that allow him to do this? Any help would be appreciated.

Edit:

I told him I am fine with the wrong processor, he still wants me to return the PC for a refund, that’s when the below post happened.

Edit2: add more screenshots for context

[https://imgur.com/a/g7fwlxB](https://imgur.com/a/g7fwlxB)

[https://imgur.com/ZRipRtU](https://imgur.com/ZRipRtU)

[https://imgur.com/a/48wdqzy](https://imgur.com/a/48wdqzy)

https://preview.redd.it/xgmjzupkcjs81.jpg?width=570&format=pjpg&auto=webp&s=a073bdb7db72787224273bb94e87a4401f40e3c4

17 comments

  2. This is why the eBay dispute process exists. You will be fine if you follow it properly.

  3. Check the eBay buyer & seller Terms & Conditions, and quote it to the seller.

    If the buyer & seller agreed to a contract, then it is binding and needs to be fulfilled.

  4. That seller has to be daft if he thinks any judge will side with him if he even manages to find a lawyer to represent his silly argument. Money was exchanged, goods were delivered. Only buyer has a right to dispute if specifications don’t match, not the seller. Did he send a more expensive part by mistake? If so, that’s his motivation. You would be completely within consumer right to leave a negetive review for poor after sales service.

  7. If he had sent you something better than what you ordered, he would have the right to request pickup at his own expense. As what he has sent is cheaper, then no.

    You have three choices:

    * return the kit at his expense and get a full refund
    * accept the purchase as so
    * open a ticket with ebay under “item did not match description” which could result in a partial refund

    ~~I would do number three.~~ EDIT: he priced it way lower you say in another comment? Okay, that’s unfair to go after even MORE value on the basis of his idiocy, just accept the purchase. He is bound by ebay’s terms of service as well as general law. He doesn’t have a leg to stand on though. Lots of people screw up and sell things cheaper on ebay than they would like due to the bidding system.

  8. First of all you need to check the eBay terms and conditions. If it is not regulated there it may depend on whether the guy you bought from is a “Kaufmann” (like shop owner) or a private person. If he is a private person (and if I remember right) he can try to reverse the deal by citing §119 BGB (Anfechtung wegen Irrtum).

  10. he cant sue you, and he cant cancel the trade, you got a “kaufvertrag” upon the confirmation of the trade through ebay, that means YOU have the right to cancel the contract within 14 days for any or no reason at all.

    the seller can not.

  11. ownership has been transferred so don’t worry. I do not see any grounds for him to dispute.

    He probably wanted to scam you and keep the money when you send back the item

  12. He has to open an dispute, it’s not your fault. Ebay has to decide, but they will be in your favor, it’s the sellers fault for not checking his package.

  13. Just ignore it, block him and enjoy the good deal you got. People will easily throw threats like this around, especially germans. Nobody will give a rats ass about it and he will not sue you. The guy is a joke.

  14. Wait so he is a bad seller and now thinks he could sue you ? He can’t do anything. You legally bought it. He knows that no judge would bother even looking at that case. You’re good

  16. You two had a purchase agreement, FULL STOP. You are the only one who could terminate it, but only because you didn’t get what you paid for. The only thing the vendor can do is replace the processor, since the one you agreed to buy was more expensive than the one you got. The rest of the computer is yours, no matter how much the vendor regrets selling it.

    ​

    Highly unprofessional!

  17. As others have already said: you are in a very comfortable position, legally, and the seller is not. That is probably why he is trying his luck with intimidation tactics…

    If the other parts of the computer are the ones that were in the listing, then you got what you ordered, and if the seller made a loss in selling them, then that’s not your problem.

    If one part was worse (like, an i5 instead of an i7 processor), you can demand that he sends you a replacement, or money for the different value. Which of these you choose is *entirely* your decision, not the seller’s! You can also ask the seller to take the PC back and change the processor for you – but I wouldn’t do that, because that gets you into a worse situation if he doesn’t play fair…

    BTW, if he sends a replacement processor, he can of course demand the „wrong“ one back. He has to pay for the shipping, though.

    Even if he accidentally put better parts into the PC than advertised (and hence made a loss), it would be up to him to prove that this happened, and that is basically impossible unless you make some stupid mistake and tell him.

    Oh short: relax, lean back, send him a friendly letter (a physical, registered letter!) that you are happy with the PC but he accidentally built in the wrong processor, and you kindly ask him to send a replacement. Give him a clear deadline (2 weeks) and warn that in case of noncompliance you would have to involve a lawyer, which will incur additional costs for him.

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