Of all the sellers in my Ebay transactions, the vast majority were honest individuals. On rare occasions though, I've encountered dishonest sellers. These are people that either knowingly misrepresent a defective item, or else pack a fragile item inadequately / incompetently. In either case, a damaged or non-working device is the result.

Since my start on Ebay, I've learned a few things - the hard way - about protecting myself from these bad apples, and would like to share some suggestions with fellow Ebay gear-heads.

This guide was written specifically to outline responses against bad sellers or defective musical equipment. However, the principles and procedures detailed below can easily be adapted for any other items or goods.

It's my sincere hope that this information will spare someone else from the admittedly rare, but still unpleasant, bad transactions I've gone through. I also want to do what I can to make life more difficult for the swindlers, frauds, and careless packers out there.

Prior to the Sale

1. Check the seller's return policy in the item description - do they accept returns ? Whenever I sell a high-priced item, I always offer at least a one-week trial period. The buyer can get a full refund for any reason, provided that the item is returned in the same condition as when it was sent. ( Buyer pays return shipping. )

   I wish that more sellers had such policies. I can understand that a lot of people need to sell gear in order to fund purchases for new gear. Still, it makes me queasy whenever I see a nice piece of gear and then find it's non-returnable.

2. Check the seller's feedback. If they have negatives, read the content of the comments carefully - both the response ( if any ) from the seller, as well as the negative feedback from the dissatisfied buyer. Check the feedback rating of the dissatisfied buyers as well - some folks just can't be satisfied, and some folks just love leaving unwarranted negatives.

   But the seller's responses ( particularly if there are a number of negatives ), can be a very useful red flag if you take the time to read them. If you detect hostility / abrasiveness, lame excuses, or simply a bad attitude in the seller's responses, consider this an example of the quality of customer service you can expect.

3. Ask many specific questions BEFORE you bid ! The manner in which your questions are answered, can tell you a lot about whether this is a seller you want to do business with. Even if the item description answers your questions, ask those questions anyway ! If they respond courteously to your "stupid" questions - ones that are already addressed in the description - this in itself tells you something very positive about the seller.

   Inquire about specifics regarding operational / functional / cosmetic condition. Whenever I considered a guitar or amp on Ebay, I'd ask the following specific questions of the seller before I bid. If I got no answer, or if the person seemed evasive, I'd stay away.

Before bidding on a guitar, I'd ask the seller:

"Hello, saw your guitar on Ebay & had a few quick questions:

1. Any current or previous problems with the neck - any twisting or warping, or other structural issues ? Has the neck ever been broken ? Is the truss rod working properly ? How is the fret wear ? Any cracks at the heel joint or around the neck / headstock ?
2. Was the guitar ever altered or modified in any way, either to correct a perceived problem or to customize it ? If so, what was changed and why ?
3. How is the action - any problems with buzzing ?
4. Electronics / controls working properly ? Any excessive hum, hiss, or other non-musical noise ? Thanks for your reply."

I would present a similar set of questions when looking at amps:

"Hello, saw your amp on Ebay and have a few quick questions:

1. Just to verify -- are all controls and functions working properly ? Any existing or prior damage to the amp ?
2. Was the amp ever altered or modified in any way, either to correct a perceived problem or to customize it ? If so, what was changed and why ?
3. Does sound ever cut out or deteriorate ? Any excessive hum / hiss or other non-musical noise ? Has it been used recently to check it out prior to sale ?
4. How old are the tubes ?
5. How has it typically been used - mildly, or full-throttle ? Thanks very much for your reply."

You can see from my questions that I try to cover all the main concerns for used guitars and amplifiers. If the seller is a thousand miles away and I can't test the item for sale, I want to know as much about it as possible.

Bear in mind that the seller may not have enough technical knowledge to answer these questions fully. Also, if he / she is not the original owner, they may not be aware of - or able to - disclose damage that had been incurred prior to their ownership of the item. He / she may indeed be an honest seller that simply isn't able to answer all your questions. If this is the case, reading their answers thoroughly - and reading between the lines, as well as checking their feedback, may yield enough information to provide you a hint as to their character - and to the item's true condition.

This approach has helped me to weed out folks that I shouldn't have been doing business with.

Other questions may pertain to how the item will be shipped. BEFORE YOU BID, ask the seller if they're willing to FULLY insure it for the high bid value plus shipping cost, if insurance is not already included. ( More about this later ). Also ask if they are amenable to shipping via US Postal Service, which is much better at handling delicate items without damage than are UPS or FedEx. ( More about this later, also ). Make sure high-ticket items will be sent with signature required and with tracking.

Sometimes the item description itself can contain red flags that scream out, "Caution - don't buy this item from this seller !" One such red flag for me, is an item description that has very few details of the condition of the actual item up for sale. Instead, the seller has gone to the manufacturer's website or to Musicians Friend, and simply copied and pasted the vendor's written statement.

I never bother with such auctions, especially if they're accompanied only by the manufacturer's stock photos of the item. My impression of such auctions is: why didn't they bother to write a sentence or two about the actual item that is in their possession ? Why didn't they bother to take photos of their actual item ? Are they hiding something ? How bad can it be ?

Or - almost as bad - are they so lazy that they can't even write a sentence or two and snap a couple of photos ? Will they be just as lazy / careless / downright sloppy when packing this valuable item ?

The deal-breaker with such an auction for me, is their return policy: an auction with copy-pasted statements and photos, in addition to a no-return policy, is one that results in my going elsewhere.

Choice of Shipping Carrier

Ask the seller if they're willing to ship via US Postal Service, if the only stated shipping option is UPS or FedEx.

Yes, it's true that using UPS or FedEx - esp. if it's Ground shipping - is cheaper than US Postal Service Priority Mail. However: UPS smashed a perfectly good guitar into oblivion for me. FedEx did the same for me with a computer. UPS has also damaged other items as well. Apparently they have perfected the art of destroying packages. A friend who is a luthier, told me about guitars he's received that incurred shipping damage. He estimates that 90 - 95% of the instruments that sustained damage in transit, were sent UPS.

On the other hand, I've sold hundreds of items on Ebay and shipped them exclusively via USPS, and not a single buyer has ever contacted me about shipping damage. That may also have something to do with my careful packing, but USPS deserves credit for safe delivery as well.

So...would you rather pay a few more dollars to ensure - as much as it's possible to do so - to receive the item intact, or save a few bucks to have the item you paid for, smashed into uselessness ?

Also, before you bid, ask how it will be packed - if it's not stated in the description. The seller's concept of "careful packing" may not be the same as yours. If the guitar will be shipped in a good hardshell case, this step alone raises the instrument's chances of shipping survival.

Finally - and this is VERY IMPORTANT - make sure the item is sent with signature confirmation ( especially if it's a high-ticket or valuable item ). In case of a future dispute, you have the protection of having this proof-of-delivery as a document that strengthens your side of the story. I can't prove this, but my impression is that the items I've purchased that require signature confirmation, seem to receive better treatment in transit. Another important option to request is item tracking. There are fewer chances for an item to get "lost" in transit when it has a tracking number assigned to it.

After the Sale - Late Item / No Response to Queries

So, you're now the winning bidder for your coveted item and have promptly paid the seller with PayPal. You wait...and wait...and wait. Finally, your patience has been depleted and you want to know why it's taking so long. Before e-mailing a blistering tirade to the seller, please think about the length of time you've been waiting. Is it really that long ? Ebay recommends giving sellers a week or two before contacting them. ( To be honest though - if I'm the buyer, I'd be climbing the walls after one week ).

In ALL your correspondence / conversations with the other party, please try to remain calm, avoid anger, and do not hurl insults. Inflammatory or accusatory statements will not help your case, and will only elicit defensiveness or defiance. It's difficult to de-escalate back to rational discourse after angry accusations, insults or other abuse have been exchanged.

A neutral statement can outline the facts of your case and avoid negative emotions:

"Hello, I'm the buyer of your ( name of item ) and would appreciate knowing the current status. It's been ( X ) days since my payment, and I'm eagerly looking forward to using ( the item ). Has it been shipped yet ? If not, when do you expect to ship it ? If it has shipped, please send me the tracking number if one was issued. Thank you".

If you do not hear from the seller after a reasonable amount of time, or if you get an apparently evasive response, you can then contact Ebay to communicate with the seller on your behalf. Later, if it becomes apparent that the seller will not be sending the item, definitely inform Ebay / PayPal. After launching an investigation, they will most likely refund your money in full.

Again, exercise patience and restraint. Our circumstances are different. A seller may be swamped by his / her day job, taking care of family, or undergoing a crisis. They may not be able to drop everything in order to ship your item. Things happen.

I remember one transaction in which I waited for the item for over two weeks. E-mails and phone messages went unanswered. As I was preparing to lodge a complaint against the seller with Ebay, I received a phone message from him. He apologetically explained that his wife had been struggling with a difficult pregnancy that held a real possibility of miscarriage. He'd been with her at the hospital for an entire week, and luckily the baby had finally arrived safely.

Another seller who was late in shipping, finally e-mailed me that he had been away at his in-laws' home. His father-in-law had been in the final weeks of a terminal illness.

Again, things happen. I'm glad that I resisted the urge to send angry e-mails to these sellers. Such a message would only have added stress for people who were already going through a painful crisis.

Your Rights Pertaining to Shipping Damage - Carriers' Policies

Another benefit of shipping insured via US Postal Service: if your item does arrive in a damaged state and it was fully insured, USPS offers a nice option for the buyer that UPS does not. You can get a repair estimate for your item from a repair shop / specialist and bring it in to the local Post Office along with your item and its shipping container. The USPS will then reimburse you for the repair.

However, if an insured item is damaged by UPS, the only option you have is to surrender the item to UPS and hope that they pay you an amount corresponding to the item's true value, or to the amount that you actually paid for it.

Problems With the Item after Receiving It

If you're technically adept with guitars and/or amps, you'll be able to quickly determine whether you got a good deal or a lemon. If you're not as knowledgeable, then, as soon as possible, get the guitar or amp to a qualified local tech that can determine whether your new toy has issues.

Before Contacting the Seller

Was the seller honest about the problem(s) in the item description ? If not, then even if the seller doesn't accept returns, Ebay / PayPal might refund your money entirely based on their judgement of whether the item was misrepresented. Take the guitar or amp to a qualified technician and get a written assessment of the situation, which you can then scan in and submit to the seller if need be. This is a good step to take prior to contacting the seller.

Inform the Seller of the Problem(s)

If you've received a defective, damaged, or non-working item, you'll obviously be angry. The hardest thing to do, and yet the most important, is to remain calm. To reiterate: please resist the urge to lash out at the seller. I know from experience that this is easier said than done, because I've been there. Keep in mind that there may be a good explanation for the problem, or the seller may honestly not have been aware of it. The seller deserves the chance to state his / her side before you rush to judgement.

Just remember that:

1. This item is not what you expected or wanted.
2. You want to send it back and get a refund.
3. Antagonizing the seller with accusations, insults, and threats, will not sway them to your position. On the contrary, such actions will only serve to create an enemy. If anything, he / she will only dig in their heels in response.

Steps to Take Before Contacting the Seller

I've been burned before by sellers on Ebay - not too often, but enough so that I never want it to happen again.

A particularly reprehensible seller sent me a damaged amp. Either it was dropped before boxed, or sustained an impact due to poor packing in transit. Then, he had the gall to accuse ME of deliberately smashing the amp I had just paid for, just so I could collect money from him ! Believe me, it was difficult for me to follow my own advice on restraint when I heard his preposterous claim.

Here is the general sequence of steps to follow with an unsatisfactory item and/or dishonest seller:

1. Save the shipping container and document it with pictures. Ask the carrier if it looks like shipping damage. Ask your guitar tech the same question, or if it was damaged in other ways. Of course, if the seller packed the item badly, then they're just as responsible for the damage. Whether the item was damaged prior to or during shipment is a moot point to disappointed buyers - the end result is still a damaged item.
2. Go to a qualified tech and get a written opinion as to the issues involved, the probable causes of the problems, and a repair estimate. Save / scan the written statement and if the damage is visible, document it with photos.
3. Have ready any statements from the shipping carrier, photos of the shipping container, opinions / estimates from your tech, and photos of any visible damage. If the issue is unexpectedly horrible quality of sound emanating from a guitar or amp, then recording the sickly-sounding instrument and saving this sound as a audio file, can also provide good evidence.

Finally - Contact the Seller

Make contact with the seller and POLITELY inform him / her about the issue(s). If you're the sort of person who finds it difficult to remain composed while angry, it might be best to make your initial contact via e-mail. But don't send it right away ! You might be tempted to add some comments that might be construed as sarcastic or confrontational.

Type out everything you want to say, then save the e-mail as a draft. The next day, re-read it carefully and edit it to be as fact-based as possible. It might also be a good idea to include the statement / estimate from the tech, an attached photo of damage, and any statement from the carrier. That way, you're presenting him with evidence from neutral third parties.

If you really think that contact by phone will work best, then perhaps you could write out a fact-based, non-accusatory script that you can refer to during the call, should things become heated.

OK, so now you made your case, and the seller is responding. If he's defensive or hostile, it may mean that the guitar / amp was fine when sent but was damaged in shipping, and that he's taking umbrage at your questioning of his honesty - OR that he is totally dishonest, lied about the guitar / amp, and is irritated that he's been found out.

Do consider the possibility I mentioned previously - that the seller honestly did not know about the defect. A lot of musicians know how to play, but may not know very much about the technical aspects of maintaining their instrument. If the seller is not the original owner AND is not technically astute, he/she may be unaware of the problem - or that it IS a problem.

So - you want your money back, but the seller would rather not refund it - two seemingly irreconciliable positions. Or are they ? You might be able to come to an amicable agreement, but again, the key is remaining civil in a touchy situation.

No Resolution - Defiant Seller

If your conversation(s) with the seller are unproductive - they won't issue a refund or accept a return - then go to Ebay to resolve the dispute. ( go to their Site Map or Help Area and look for the appropriate link for "Resolution Center" ). Make sure you have your case typed out clearly so you can present it convincingly.

( Remember that the seller will also be presenting his / her side of the story to Ebay / PayPal, so make sure the information you provide them is as concise, accurate, and detailed as possible. They'll make the judgement in favor of whichever side presents the most convincing case, so make sure your documentation is precise and thorough ). The statements from your carrier and guitar tech should of course be included, as well as a summary of statements / replies / attitude you've gotten from the seller.

Submit your case to Ebay's Dispute Resolution Center, and wait for Ebay / PayPal's judgement.

If you never received your item or if the item was misrepresented, and you present a convincing case to Ebay, I can't imagine any outcome but a full refund for you. However, if for some reason your request is denied, you may have one option left. Be warned that there will be no reconciliation / compromise with the seller if you choose to cross this line.

This last resort is what I call the "nuclear option" and I haven't yet ever had to use it. After all other options have been exhausted, the buyer warns the seller that he / she will be reported to the US Postal Inspectors agency for mail fraud unless the seller lives up to their end of the bargain. It doesn't matter that your transaction was electronic; the Postal Inspectors are responsible for investigating and prosecuting fraud. For more information on this option you can e-mail me, or visit the US Postal Inspectors Website.

I hope that this guide gives you some assistance in avoiding the "bad apples" that spoil Ebay for everyone. If there are any tips that you feel I've missed, or additional information that you think should be added, please feel free to send it along. This guide will be updated occasionally, so please check back.