Lens dust and legal threat.

Started Mar 31, 2013 | Discussions
miked58
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Lens dust and legal threat.
Mar 31, 2013

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

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Digital Shutterbug
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

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MisterPootieCat
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Buyer's Remorse?
In reply to miked58, Mar 31, 2013

Always provide a bill of sale and clearly state any warranty, real or implied. When I sell gear online it's usually as is and non-returnable.

I'm thinking it might be buyer's remorse since he clearly won't accept any kind of resolution from you. The offer to have the lens serviced at Canon is extremely generous IMO.

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miked58
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Re: Lens dust and legal threat.
In reply to Digital Shutterbug, Mar 31, 2013

Digital Shutterbug wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

I sold as used item but preferred them to  pick up and also subject to full inspection prior to payment (The purchaser selected to receive by post instead) . I always do this so that there are no nasty comebacks. I have had excellent feedback until this person!

My worry is if they have abused the lens and I refund there may be other damage..then I have no recourse to getting money back judging by their demeanour..

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

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bhollis
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

No offense, but I think you'd be better served directing this question to a lawyer rather than a bunch of amateur photographers.

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miked58
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Re: Lens dust and legal threat.
In reply to bhollis, Mar 31, 2013

bhollis wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

I think you'd be better served directing this question to a lawyer rather than a bunch of amateur photographers.

As it is a public holiday here I have no chance of contacting a lawyer. Perhaps people who can contribute ideas may point me in the right direction as to the best course of action.

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bhollis
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

bhollis wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

I think you'd be better served directing this question to a lawyer rather than a bunch of amateur photographers.

As it is a public holiday here I have no chance of contacting a lawyer. Perhaps people who can contribute ideas may point me in the right direction as to the best course of action.

Here's the problem.  What you're ultimately concerned with here is whether or not the buyer will prevail if he sues you.  And only a lawyer, who knows all the facts, can give you a good answer to that question.  Any opinions or suggestions you get here will just be guesswork.

If the buyer is pressing you, tell him you want to think about it and will get back to him.  Then talk to a lawyer on Monday.  If you don't want to talk to a lawyer now, then it appears you only have two options:  tell the buyer no and wait to see if he sues you; or give him his money back.  Problem is, without talking to a lawyer, it's hard to know which of these two opitions is the better one.

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Aussie Coop
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Digital Shutterbug wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

I sold as used item but preferred them to  pick up and also subject to full inspection prior to payment (The purchaser selected to receive by post instead) . I always do this so that there are no nasty comebacks. I have had excellent feedback until this person!

My worry is if they have abused the lens and I refund there may be other damage..then I have no recourse to getting money back judging by their demeanour..

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

What was the value of the lens ? Id be more inclined to call his bluff and say NO , the item was sold as is and if there was a problem he should have gotten back to you in a timely manner, Id say 7 days after he recieved it would be plenty. Even if he purchased 2nd hand from a store it would be lucky to have 30 days warranty/ return. If you sold it on Ebay his recourse is to open an item dispute, and, if its been that long since the sale then that period is probably expired as well. As long as you didnt misrepresent the item in any other way, eg saying it was so many years old but the date code proves otherwise then he would have a hard time doing anything about it.

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miked58
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Re: Lens dust and legal threat.
In reply to Aussie Coop, Mar 31, 2013

Aussie Coop wrote:

miked58 wrote:

Digital Shutterbug wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

I sold as used item but preferred them to  pick up and also subject to full inspection prior to payment (The purchaser selected to receive by post instead) . I always do this so that there are no nasty comebacks. I have had excellent feedback until this person!

My worry is if they have abused the lens and I refund there may be other damage..then I have no recourse to getting money back judging by their demeanour..

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

What was the value of the lens ? Id be more inclined to call his bluff and say NO , the item was sold as is and if there was a problem he should have gotten back to you in a timely manner, Id say 7 days after he recieved it would be plenty. Even if he purchased 2nd hand from a store it would be lucky to have 30 days warranty/ return. If you sold it on Ebay his recourse is to open an item dispute, and, if its been that long since the sale then that period is probably expired as well. As long as you didnt misrepresent the item in any other way, eg saying it was so many years old but the date code proves otherwise then he would have a hard time doing anything about it.

The lens was sold for $1500 and retail is $2700.

I understand from local laws that I am not subject to Consumer Guarantees Act or Fair Trading Act as a private online seller.

The lens was mint, the age and origins disclosed. Photos were put up and I preferred a pickup and test first option.

The lens does not need a repair. I asked for evidence of the issue and they replied that asking for it was insulting to them and they would not do so.

They said initially there were distortions and now have another story when I asked for an image taken with the lens. The only issue is some dust which after 3 weeks is noe obvious to anyone who looks at it.

I offered to send photo evidence - the last image shot with it. They were not interested.

It comes across as "fishy" to me.

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grammieb14
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

I think he is all bluster.  If he decided he didn't want the lens, by the time he pays a lawyer & takes you to court, he would be out much more than the lens is worth.  From your account, you did nothing wrong & I think he is just trying to threaten youwith legal action to get you to back down.  If a lens comes to you full of dust, it doesn't take weeks to notice it.  Not only that most dust in a lens doesn't hurt image quality & if you offered to get it cleaned by Canon I don't see why he is upset. Buyers remorse doesn't get you a refund.  Bab

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jackpro
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

I bought a second hand 35 f1.4 that had issues straight away noticeable it was soft at f1.4 with nothing sharp until f2 I was severely disappointed. The lens was repaired by canon & thankfully is now pin sharp at f1.4. I did not want a refund at the time & was glad the seller was very supportive in getting canon to look at it. The repair was done free of charge by canon as it was out of spec from new.

This seller does sound dodgy as anybody buying second hand takes a risk but usually wants the product they purchased. I would tell the seller to return it at there cost & see what happens.

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Kevin Jorgensen
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

Call his bluff, he's trying to bully you. He doesn't have a case and any lawyer he visits will tell him that. He's been watching too many Sienfeld reruns.

http://www.youtube.com/watch?v=jpcEietIoxk

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AnthonyL
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

As it is a public holiday here I have no chance of contacting a lawyer. Perhaps people who can contribute ideas may point me in the right direction as to the best course of action.

This is the internet - here could be anywhere and where here is might make a difference but from your profile it is NZ so

http://www.lawaccess.govt.nz/Chapter/1-Consumer-Affairs/86-Consumers,-Creditors-and-Debtors/3-The-Sale-of-Goods-Act

Personally I would write to the buyer that this was a private sale with no warranty, and in an "as is" condition.  The lens was in pristine (or whatever) condition when it was despatched.  It is not readily possible to ascertain how the lens has treated the lens in the time that you have it and you have declined my offer to have Canon inspect it.  I regret that in these circumstances and with the further passage of time I am not prepared to offer a refund nor enter in any further discussion with you.

Or words to this effect - talking to a lawyer is going to cost - wait for the buyer to make the first move .

Edit: IANAL

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happysnapper64
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Re: Lens dust and legal threat.
In reply to bhollis, Mar 31, 2013

bhollis wrote:

miked58 wrote:

bhollis wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

I think you'd be better served directing this question to a lawyer rather than a bunch of amateur photographers.

As it is a public holiday here I have no chance of contacting a lawyer. Perhaps people who can contribute ideas may point me in the right direction as to the best course of action.

Here's the problem.  What you're ultimately concerned with here is whether or not the buyer will prevail if he sues you.  And only a lawyer, who knows all the facts, can give you a good answer to that question.  Any opinions or suggestions you get here will just be guesswork.

If the buyer is pressing you, tell him you want to think about it and will get back to him.  Then talk to a lawyer on Monday.  If you don't want to talk to a lawyer now, then it appears you only have two options:  tell the buyer no and wait to see if he sues you; or give him his money back.  Problem is, without talking to a lawyer, it's hard to know which of these two opitions is the better one.

Better still, let's hope one of our DPR members is a photographer & a lawyer, & would be willing to give a bit of advice, free or otherwise. How about it guys?

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Marco Nero
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Re: Lens dust and legal threat - call his bluff
In reply to miked58, Mar 31, 2013

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

-- hide signature --

Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Hi there,

I sell online and occasionally sell photographic equipment and lenses that I no longer use and wish to upgrade.  Obviously, reputation is everything online but to be fair, you will occasionally get belligerent customers from time to time who will try and bully you.  I had one from Germany recently and my intuition warned me in advance that the buyer was going to be a problem.  This sounds to be one of those types of customers.  Clearly, this guy is a jerk and needs to be treated as such.

When I worked as a Canon Dealer years ago, I remember this guy came in with his kid and he recently bought an expensive SLR with a medium priced Lens from us a week prior.  He claimed he didn't want it any more and he wanted a refund.  We normally didn't accept refunds "just because you change your mind" and yet we considered his request, pending an explanation.  We tried to find out why he wanted to return his new camera. The first thing that caught my eye was that the lens was still attached to the camera body and the two were not in their respective boxes.  I tired detaching the lens but it wouldn't budge.  Asked the guy what happened and he claims it was like that when he bought it (nope!).  So with a great deal of effort, I manage to unscrew the lens with this unholy grinding sound.  They guy wanted his money back and became angry.  He was a big guy too.  I finally got the lens off and out of the camera poured about three quarters of a cup full of sand.  Beach sand.  He'd given it to his kid to "play with" on the beach.

When we explained that there was no way we would take back the camera, he picked up the SLR body and threw it on the ground where it bounced and some part of the mechanism inside (mirror?) flew out.  The manager's son was working with me and he said "I think you just voided your warranty, sir".  The guy turned purple with rage and stormed out with his kid.  Hilarious!

The thing is, people lie about why they want to return an item.  Sometimes their claim is legitimate but you know already this guy is a jerk.  He's hoping to "scare" you into doing what he wants.

Here's what you can do:

(OPTION #1:) Explain clearly that you were accurate in your description.  Explain also that you would only consider such a request if the buyer had communicated this problem with you within 7 days of receiving the item, NOT several weeks later.  Ignore any messages from him that state that "a camera dealer has already looked at the lens and agrees" with him because this is bluff.  Or, ask him for a letter from the said dealer ON COMPANY LETTERHEAD before you' consider his request. Ignore the phone number on the letterhead and speak to the store directly after looking up their number online or in the Yellow Pages.  You don't need to respond to the buyer at all if he is becoming threatening or if he claims to be involving a lawyer.  Wait for the lawyer's letter to arrive... those things will test his commitment because a lawyer costs money to consult.  If he's threatening to leave bad feedback, then be prepared to accept that someone will leave you bad feedback from time to time.  Just let it go.  You know your item was in pristine condition, so you know he's a dishonest liar and will likely not stop lying in future exchanges with you.  So far, your messages prove that the lens arrived, was received by the buyer and was used.  Call his bluff but drag it out as long as you want.   He'll catch on eventually that you won't play ball. He'll need to send you a letter of demand from either himself or his lawyer first if he wants to sue.

In the end, the buyer needs to PROVE you sent him a substandard item. He can't possibly do that.  Make him jump through some hoops, even if you don't intend to refund him because this will not only buy you more time but he's not likely to take this in to a dealer for a written assessment....

(OPTION #2:) Or just tell him you can only consider his request if it's sent to a Canon Service Center for assessment and that you will base your decision of whatever the results from Canon are.  You still don't have to commit to a refund, just make this guy prove his case.

As a seller of a second hand item, the buyer knows it will not be in Original Condition but you have described it as being in very good condition for a used item.  Has he sent you any pictures of the "dust problem" he claims to have?  No.  Tell him you can't help him unless he supplies you will some sort of evidence of the problems he is experiencing.  Be grateful you didn't have this guy pick up the lens directly from you because then he'd show up on your doorstep demanding his refund.  Do you have a spouse that can vouch for the quality of the lens?  There's all sorts of things you can do to support your claim.  If he leaves you bad feedback, you can now sue them for defamation these days.  Also, tell him you spent the money if you like and that you'll need to sell a kidney before you can even consider a refund.  It will make him realize there's no pot of gold at the end of the rainbow.

(OPTION #3:) Tell him you will consider his request and to post the item back to you (at his expense).  You can then make a determination yourself but DO NOT refund the money first because this might be part of his scam... to get the money AND the lens.  Seen it many times before.  Remember that you can't keep both the money AND the lens so be sure (if you do this) to refund the cash or send back the lens.  I wouldn't do this because he might have dropped the lens and is wanting to claim that it must have happened when in transit.

Conclusion:  You've done everything right.  No need to be bullied by an online jerk.  Have some fun with him or just make it clear that you refuse to consider his "outrageous and unsupported demands".  He wants to make you follow his demands... but in reality, you can simply ignore him.

M

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photonius
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Aussie Coop wrote:

miked58 wrote:

Digital Shutterbug wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

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Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

I sold as used item but preferred them to  pick up and also subject to full inspection prior to payment (The purchaser selected to receive by post instead) . I always do this so that there are no nasty comebacks. I have had excellent feedback until this person!

My worry is if they have abused the lens and I refund there may be other damage..then I have no recourse to getting money back judging by their demeanour..

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Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

What was the value of the lens ? Id be more inclined to call his bluff and say NO , the item was sold as is and if there was a problem he should have gotten back to you in a timely manner, Id say 7 days after he recieved it would be plenty. Even if he purchased 2nd hand from a store it would be lucky to have 30 days warranty/ return. If you sold it on Ebay his recourse is to open an item dispute, and, if its been that long since the sale then that period is probably expired as well. As long as you didnt misrepresent the item in any other way, eg saying it was so many years old but the date code proves otherwise then he would have a hard time doing anything about it.

The lens was sold for $1500 and retail is $2700.

I understand from local laws that I am not subject to Consumer Guarantees Act or Fair Trading Act as a private online seller.

The lens was mint, the age and origins disclosed. Photos were put up and I preferred a pickup and test first option.

Do you still have images of the lens itself prior to shipping - that would be very important ? (best with a daily newspaper next to it for date confirmation, but I presume you don't have that)?

The lens does not need a repair. I asked for evidence of the issue and they replied that asking for it was insulting to them and they would not do so.

They said initially there were distortions and now have another story when I asked for an image taken with the lens. The only issue is some dust which after 3 weeks is noe obvious to anyone who looks at it.

I offered to send photo evidence - the last image shot with it. They were not interested.

It comes across as "fishy" to me.

If he is not negotiating with you, this does small of scam. He wants money back, but probably would also refrain from sending the lens back, because it's so "defective".

Document all email exchanges, keep a record of everything that you offer to him and ask him, even repeat the email once more. At this point you have no proof that anything is wrong.

Offer him to take it back through an escrow service (you have to look that up), i.e. you pay the money to a service, and if the lens comes back in good condition, the money is released.

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Limburger
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

In case you have images that don't show any sign of dust deterioting the IQ it is fair that dust comes into a lens over time.

The buyer already refused to show evidence regarding his claim, repeat your request of images that confirm the buyers complaint.

I'd suggest if the buyer doesn't want to send any images to you he should send them to HIS lawyer and get in touch with you.

Also I would point out that you are well aware of your legal situation.

Maybe the guy lives in a dusty environment (you know where you shipped to) so from there you may build your story as well.

Just do another request for images proving the claim.

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Cheers Mike

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Limburger
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Re: Lens dust and legal threat.
In reply to Limburger, Mar 31, 2013

Forgot, but very important imo.

Even if you do see evidence of dust, never confirm this by any means.

If you sold a good lens without the defects the buyer thinks to see it is wise not to conform this, this actually might get you in trouble. This would become a "when this this happen?" arguement.

What ever happens, just say that you required legal info on your position and deny the buyer has a case.

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gfspencer
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Re: Lens dust and legal threat.
In reply to Limburger, Mar 31, 2013

Get a lawyer to write this guy a letter.  That usually doesn't cost a lot and it generally shuts up someone who is threatening legal action.

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Limburger
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Re: Lens dust and legal threat.
In reply to gfspencer, Mar 31, 2013

gfspencer wrote:

Get a lawyer to write this guy a letter.  That usually doesn't cost a lot and it generally shuts up someone who is threatening legal action.

This may be different to where the OP lives.

In my country it's expensive so I got insurance for this.

As for legal matters you can do your own homework.

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Cheers Mike

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