ebay question

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  • LCHIEN
    Internet Fact Checker
    • Dec 2002
    • 20920
    • Katy, TX, USA.
    • BT3000 vintage 1999

    ebay question

    eBay tells quite clearly you that as a bidder you are legally obligated to pay the seller if you get a winning bid.

    "Bidding is meant to be fun, but remember that each bid you place enters you into a binding contract. The only bids that are non-binding are those placed in the Real Estate category and for vehicles on eBay Motors. All bids are active until the listing ends. If you win an item, you're obligated to purchase it. "


    I bid on an item and won. Minutes after the auction ended and I went to paypal and paid.

    A few minutes later the seller sends me an e-mail and says that the item is no longer for sale. She said that thought she had removed it.

    Should not the seller be equally obligated to deliver an item listed for sale which I am legally obligated to pay for AND DID DELIVER PAYMENT? Was this seller remorse in which she did not get the value she wanted and backed out? What recourse do I have?
    Last edited by LCHIEN; 06-07-2014, 12:17 AM.
    Loring in Katy, TX USA
    If your only tool is a hammer, you tend to treat all problems as if they were nails.
    BT3 FAQ - https://www.sawdustzone.org/forum/di...sked-questions
  • dbhost
    Slow and steady
    • Apr 2008
    • 9209
    • League City, Texas
    • Ryobi BT3100

    #2
    I would think the seller is obligated to deliver the item that you won the bid on...
    Please like and subscribe to my YouTube channel. Please check out and subscribe to my Workshop Blog.

    Comment

    • woodturner
      Veteran Member
      • Jun 2008
      • 2047
      • Western Pennsylvania
      • General, Sears 21829, BT3100

      #3
      Originally posted by LCHIEN

      A few minutes later the seller sends me an e-mail and says that the item is no longer for sale. She said that thought she had removed it.

      Should not the seller be equally obligated to deliver an item listed for sale which I am legally obligated to pay for AND DID DELIVER PAYMENT?
      Yes, she is obligated to sell it to you, under the Ebay sellers contract. Open a dispute immediately and they will likely resolve it. Unless she agrees to sell it, the likely result is that they will refund your money, fine her, and cancel her account.
      --------------------------------------------------
      Electrical Engineer by day, Woodworker by night

      Comment

      • Pappy
        The Full Monte
        • Dec 2002
        • 10453
        • San Marcos, TX, USA.
        • BT3000 (x2)

        #4
        Originally posted by LCHIEN
        Was this seller remorse in which she did not get the value she wanted and backed out? What recourse do I have?
        Without knowing more about the item and how good the deal was, it would be hard to say for sure. Another thing to consider is her scores/feedback as a seller and the number of sales she has had. If she is a new seller and appears to be selling personal items it might have been as she said. If she an experienced seller, I would force her hand.
        Don, aka Pappy,

        Wise men talk because they have something to say,
        Fools because they have to say something.
        Plato

        Comment

        • Hellrazor
          Veteran Member
          • Dec 2003
          • 2091
          • Abyss, PA
          • Ridgid R4512

          #5
          Some items I have bid on in the past were abruptly pulled near the end of the auction because "it was sold locally". Some will even list the items noting it is for sale locally and on ebay.

          I never really check back to see if its a ploy on a no reserve auction that is staying low or not.

          Comment

          • atgcpaul
            Veteran Member
            • Aug 2003
            • 4055
            • Maryland
            • Grizzly 1023SLX

            #6
            I have an acquaintance who sells books on eBay and Amazon. He has listed the same item on both sites and then he scrambles to find a replacement when both sites sell the same item.

            Comment

            • Tom Slick
              Veteran Member
              • May 2005
              • 2913
              • Paso Robles, Calif, USA.
              • sears BT3 clone

              #7
              As long as you can get a refund is it really worth it to push the issue?
              Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison

              Comment

              • LCHIEN
                Internet Fact Checker
                • Dec 2002
                • 20920
                • Katy, TX, USA.
                • BT3000 vintage 1999

                #8
                as of today the seller has requested to cancel the transaction. eBay notes it will close on Jun 14 regardless if I do not repond.
                I asked for my money to be returned, within 72 hours (thats the same amount of time we are required to pay in).
                she said after I agree to close the transaction as it leaves her legally obligated. (as if she wasn't already)
                I said I cannot cancel the transaction until we are "even" and that means sending the camera or returning my money. So I am threatening to open an eBay case for non-delivery

                She says she doesn't want that so if she returns the money will I agree to cancel the transaction.

                The eBay forum users advice for a similar deal is to NOT cancel the transaction and when you have your money back file bad feedback. Once the transaction is canceled you cannot leave feedback. She needs the transaction cancelled to get her ebay fee back.

                i would like to leave a negative FB for this person.

                And yes she is a "professional" seller with a store and 1248 feedbacks, 2 negative in the last year.

                In the stock market this ploy is called selling short and if you get caught without the goods you promised to sell for an agreed-upon price then you have to buy them at market price and deliver to the buyer even if it incurs a significant loss.
                Last edited by LCHIEN; 06-08-2014, 01:45 AM.
                Loring in Katy, TX USA
                If your only tool is a hammer, you tend to treat all problems as if they were nails.
                BT3 FAQ - https://www.sawdustzone.org/forum/di...sked-questions

                Comment

                • Knottscott
                  Veteran Member
                  • Dec 2004
                  • 3815
                  • Rochester, NY.
                  • 2008 Shop Fox W1677

                  #9
                  Even though a buyer with the winning bid is obligated to purchase the item, Ebay and the sellers don't really have a lot of influence to enforce that you actually pay for the item. The feedback system is about the extent of that influence. I'm with you....I wouldn't cancel the transaction until you've been reimbursed, and I'd definitely leave negative feedback if they couldn't give you a reasonable explanation. PayPal should be on your side in this. Good luck!
                  Happiness is sort of like wetting your pants....everyone can see it, but only you can feel the warmth.

                  Comment

                  • Hellrazor
                    Veteran Member
                    • Dec 2003
                    • 2091
                    • Abyss, PA
                    • Ridgid R4512

                    #10
                    Always pay with your CC. I got screwed around once by an online vendor and had my CC deal with it.

                    Comment

                    • capncarl
                      Veteran Member
                      • Jan 2007
                      • 3564
                      • Leesburg Georgia USA
                      • SawStop CTS

                      #11
                      When you pay through paypal it is with your credit card. Does paypal back you up in cases like this or are they useless like other things I have experienced with them? Will your credit card co stop payment to PayPal since they are the 900 lb gorilla here? There is a large group of eBay buyers that prey on sellers that get lost up in the eBay tangle. They may have posted in the wrong category or no interest. You can sort by no bids and minutes remaining and probably catch some deals. That many feed backs hints that she is a business flying under the IRS wire and could benefit from some of their guidance!

                      Comment

                      • Hellrazor
                        Veteran Member
                        • Dec 2003
                        • 2091
                        • Abyss, PA
                        • Ridgid R4512

                        #12
                        You can link paypal directly to your checking account.

                        Comment

                        • LCHIEN
                          Internet Fact Checker
                          • Dec 2002
                          • 20920
                          • Katy, TX, USA.
                          • BT3000 vintage 1999

                          #13
                          Originally posted by Knottscott
                          Even though a buyer with the winning bid is obligated to purchase the item, Ebay and the sellers don't really have a lot of influence to enforce that you actually pay for the item. The feedback system is about the extent of that influence. I'm with you....I wouldn't cancel the transaction until you've been reimbursed, and I'd definitely leave negative feedback if they couldn't give you a reasonable explanation. PayPal should be on your side in this. Good luck!
                          Same thing goes for a buyer except he can't even leave negative feedback if he agrees to cancel the transaction.

                          If the auctin is not "cancelled" by both parties I understand that the seller won't get back the fees... I now think that' her motive for insisting I cancel first.
                          But the money was sent before she announced that she would not carry out her end then as a reputable business person the money should have been returned immediately and then she should worry about getting her fees back. By reneging and then putting me on the spot to get her fees back for her errors or failings is NOT good business practice.

                          As a feedback request is already posted I presume I can leave feedback and then cancel the transaction. I don't know if eBays software will delete the feedback when the transaction is cancelled.

                          But I never should have to send 6 emails and make threats to get my money back when they admit its their fault.
                          Loring in Katy, TX USA
                          If your only tool is a hammer, you tend to treat all problems as if they were nails.
                          BT3 FAQ - https://www.sawdustzone.org/forum/di...sked-questions

                          Comment

                          • gerti
                            Veteran Member
                            • Dec 2003
                            • 2233
                            • Minnetonka, MN, USA.
                            • BT3100 "Frankensaw"

                            #14
                            I just had a case where I ordered two items and only received one. I described it and kept getting questions from the seller how badly the item was damaged. After a few turns of that I figured I did my due and kicked it up to ebay customer support, and promptly was reimbursed. Left negative feedback too, first time for me.

                            Anyway I suggest you kick it up to ebay and let them decide, your seller is clearly trying to game the system in some way or other.

                            Comment

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