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EVER HAD AN EBAYER CHANGE THEIR MIND?

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stirlinggaz
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PostPosted: 21:45 - 31 Jan 2010    Post subject: EVER HAD AN EBAYER CHANGE THEIR MIND? Reply with quote

Hi all,
last night i was the winning bidder on a solo seat for one of my bikes.
all week it had sat at 99p, with no bids + right at the last minute, it shot up to 16 quid odds, so i guess i wasnt the only one using esnip or siilar, lol
this morning, i went to pay for it & noticed there was a note from ebay, just below the "pay now" button.
so i clicked on the more details bit & there was a "request" from the seller to cancel the transaction, with a note from him stating that he had sold it to another buyer!
the only reason i didnt click on the "pay now" button was because it didnt include the postage in the total.
in an earlier email the seller had stated he would post it for a tenner.
its obvious the guy has changed his mind because he thought he would get more. (these things normally get around 50 quid)
so, i had 2 options "accept" or "reject".
i rejected the request & added a note stating i was the winning bidder & would he send me an amended invoice to include the postage, as agreed.
what im wondering, what are my rights here?
i know when it comes to normal retailers, they cant be forced to sell anything to you, but not sure about ebay, will they just ban him?
or is it just simply a case of me leaving negative feedback for the guy?
at this point i havnt paid anything yet, though there is still a reminder in my ebay that i still have to pay for this item.
if i do pay now, will i ever see the cash again?
anyone ever been in this situation before?
cheers,
GAZ
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Ariel Badger
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PostPosted: 21:55 - 31 Jan 2010    Post subject: Reply with quote

You are in a contract to buy once you click, they are in a contract to sell once they list. You won the auction.
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Ichy
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PostPosted: 22:01 - 31 Jan 2010    Post subject: Reply with quote

I won an item once where the seller refused to sell it for the auction price unless I paid an extra ?50 'for postage'. In his opinion it was worth more than I had won it for.

Sent all the emails to ebay and they did nothing other than email me that they would email the seller and tell him not to do it again.
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monty's double
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PostPosted: 22:08 - 31 Jan 2010    Post subject: Reply with quote

1930 Ariel wrote:
You are in a contract to buy once you click, they are in a contract to sell once they list. You won the auction.


isn't it an "invitation to treat?". for example if you see something in a shop with the wrong price tag on it, march up to the cash desk & demand to buy it at that price the vendor can refuse?

mind you it is 20 years since i had anything to do with studying law - all i can remember is the "snail in the ginger beer" case. Wink
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swiftb
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PostPosted: 22:12 - 31 Jan 2010    Post subject: Reply with quote

Happens quite a lot I would imagine (experienced similar myself a handful of times)
Quite frankly I would say theres nothing you can do. If you do pay, all that will happen is he wont send the item and you will have to wait around 10days or so to file a 'item not received' refund. You will get a refund and that is all.
Put it down to experience and look elsewhere Thumbs Up
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stinkwheel
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PostPosted: 22:39 - 31 Jan 2010    Post subject: Reply with quote

monty's double wrote:

isn't it an "invitation to treat?". for example if you see something in a shop with the wrong price tag on it, march up to the cash desk & demand to buy it at that price the vendor can refuse?


No. It's an auction which is a different kettle of fish. Legally, when the hammer goes down (or in this case, the auction ends) they have sold the item, you have bought it.

This is of course a bit redundant because you're plainly not going to get the item. All you can do now is drop him in the shit with ebay. Taking legal action will only result in you loosing money.

If it were me. I'd see if there is a way to leave bad feedback. He could have pulled the item at any point up to the end of the auction (and I've even seen real auctions where the item has been withdrawn from sale moments before the hammer goes down, with bids in the room. Happens a lot with livestock auctions). One the auction ends though, a contract exists.
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Polarbear
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PostPosted: 22:41 - 31 Jan 2010    Post subject: Reply with quote

I have.

I won a billet headstock for 20 odd quid. (worth ?100ish from a retailer I suppose). I paid by paypal and had the money refunded. When I queried it the seller said the item was damaged and no longer available.

Obviously he didn't want to sell it for that amount but I couldn'r prove it and when I complained to ebay they said there was no wrong doing as he hadn't taken my money and was not selling me a damaged item.

So in the end I suppose that the 'contract' ebay talk about is worth jack shit
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swiftb
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PostPosted: 22:46 - 31 Jan 2010    Post subject: Reply with quote

Polarbear wrote:
So in the end I suppose that the 'contract' ebay talk about is worth jack shit


Indeed
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stirlinggaz
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PostPosted: 23:04 - 31 Jan 2010    Post subject: Reply with quote

hi all,
so im right in thinking there not much i can do...well im going to pay the 16 quid, as i still have a reminder that i still have to pay for the item.
+ then create all sorts of fuss.
the guy never had the decency to be upfront about it, all he says is "i sold it to another buyer", no apology, nothing.
i have been to numerous car/bike/house contents & even livestock (my brother was an auctionee) auctions & when the gavel falls, its a legally binding contract.
even if it means i wait a while for a refund, it means he will have negative feedback & perhaps ebay will suspend him for a bit.
by the way, its saying the case is closed, as the buyer has declined the offer of cancelling the transaction.
+ looking at ebays terms & conditions, it looks like he will be,at worst, barred from using ebay if he fails to honour the agreement, but im sure that wont bother the prick.
thing is, its not actaually for me, as i have an rs125 im doing up for a mate.
he was all exited when i texted him telling him i had got him a solo seat.
imagine how i felt when i had to tell him the news?
cheers,
GAZ
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Alex A
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PostPosted: 23:04 - 31 Jan 2010    Post subject: Reply with quote

monty's double wrote:
isn't it an "invitation to treat?". for example if you see something in a shop with the wrong price tag on it, march up to the cash desk & demand to buy it at that price the vendor can refuse?


Not relevant to an auction sale between private individuals. It's very clear within ebay that a completed listing that has met reserve is a contract on both sides to complete the transaction, and any cancellation must be mutual. If a failed transaction ever became a big issue, it could be presented to court as a binding agreement.

In respect to the OP, unfortunately ebay is full of morons who either don't understand the system or don't take it seriously, or simply take the piss.

I had a similar thing happen recently with a fairly valuable piece of audio equipment that ended at ?350 and was probably worth ?550+. I didn't get any request to cancel, but I immediately paid the auction and the seller refunded within a day or so with a frankly pathetic 'item already sold to someone else'. Didn't even pretend it was broken. Didn't respond to my e-mails about it being a contract. I would have rocked up at his address but it was a fair distance.

Anyway, in my case I got my money back (which I would never have had a problem with since I used a Credit Card through Paypal), and left negative feedback, and passed everything to ebay making it clear that I thought the idiot shouldn't be permitted to sell.

If I were you, and if you still want it, I'd pay with Paypal and see what happens. If you don't hear anything you can file an item not received dispute them after 10 days or so and get your money back. Then leave neg feedback and the seller gets a mark against his sellers account. If you do get it, then you called his bluff.
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Ste
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PostPosted: 23:10 - 31 Jan 2010    Post subject: Reply with quote

Alex_A wrote:
If a failed transaction ever became a big issue, it could be presented to court as a binding agreement.

Theoretically yes, but it's unlikely to be worth the time and money involved.
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Dibble
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PostPosted: 05:31 - 01 Feb 2010    Post subject: Reply with quote

Name and shame??? and we'll send him hundreds of questions on his other listings to piss him off.

I've had it on a bike with the "it's advertised elsewhere so reserve the right to end early" line, when it hadn't got many bids he pulled it with hours to go and re-listed with the same line in the ad.

So I asked him for a buy it now and he said he was going to let the auction run its course, then pulled it again just before auction end.

I think he was using E-bay as a cheap classified ad.
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Darth
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PostPosted: 07:08 - 01 Feb 2010    Post subject: Reply with quote

What a twat! He could at least have had the decency to to a bit of shill bidding! Thumbs Down
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G
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PostPosted: 07:23 - 01 Feb 2010    Post subject: Reply with quote

stirlinggaz wrote:

the guy never had the decency to be upfront about it, all he says is "i sold it to another buyer"

Sounds like he was being upfront about it? He could have lied about the reason or similar, it's his honesty that may get him into a bit more trouble.

I've had similar before, but not much you can do on ebay.
It's possible he tried to cancel the auction, but couldn't because ebay make it so hard/hidden to work out how to do it.
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Dr. DaveJPS
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PostPosted: 12:37 - 01 Feb 2010    Post subject: Reply with quote

monty's double wrote:


mind you it is 20 years since i had anything to do with studying law - all i can remember is the "snail in the ginger beer" case. Wink


ah fentimans.
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BenR
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PostPosted: 13:35 - 01 Feb 2010    Post subject: Reply with quote

Dibble wrote:

So I asked him for a buy it now and he said he was going to let the auction run its course, then pulled it again just before auction end.

I think he was using E-bay as a cheap classified ad.



A seller can't do that, ebay will only allow you to pull a listing up to 24hrs before it's due to end. After that there's nothing you can do, have to let it run it's course.
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lllN30lll
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PostPosted: 16:18 - 01 Feb 2010    Post subject: Reply with quote

A good thing about this is that you can leave him negative feedback, but he can't do it to you. Thumbs Up
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G
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PostPosted: 16:22 - 01 Feb 2010    Post subject: Reply with quote

BenR wrote:

A seller can't do that, ebay will only allow you to pull a listing up to 24hrs before it's due to end. After that there's nothing you can do, have to let it run it's course.

Pretty sure you can, they just make it a lot more complicated.
You have to cancel all bids first or something. It's quite reasonable for 'legitimate' reasons as above - maybe you accidentally damaged it your self, or it was stolen in those 24 hours, etc.
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27cows
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PostPosted: 17:04 - 01 Feb 2010    Post subject: Reply with quote

Nope, not had that happen. I'd go fucking spare if someone did that to me, particularly if it was something I really needed.

But ebay is full of chancers. Genuine bargains are rare. Unless you need something you really stand no chance of getting elsewhere, it's not worth the hassle.
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