The seller of a defective item for online retailer eBay has the buyer to pay back the purchase price immediately. He can not hold back the money on the ground that the purchaser should withdraw its first negative feedback on ebay (Amtsgericht München, Az 262 C 34119/07).
This is true even if the assessment is incorrect. Although the buyer has a duty to withdraw the false statement. The seller should not hold back as long as the money.
An ebay sell and buy customer had bought a notebook that had the scratches, although it was described by the seller as flawless. The buyer returned the computer. On ebay he made the comment about the seller: "No contact." That was wrong, because the seller had reported on the second day after purchase from the buyer.
The court ordered the buyer to cancel and the seller to refund the purchase price.
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