Has anyone ever sued an ebay seller for not providing the goods - HotUKDeals
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Has anyone ever sued an ebay seller for not providing the goods

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8y, 3m agoPosted 8 years, 3 months ago
further to my other thread - and yes I take on board comments about moving on - BUT I dont see why these sellers should get away with it.
Why list something like a car with a BIN and best offer button and then come back with - i'm sorry but someone's just looked at the car and left a deposit so its not for sale any longer. There were 3 best offers when I bought it - I really dont see why they should be allowed to get away with it. Its not a cheap item that is easy to get again from any number of sellers and yes it was a hell of a good price (and local to me) but it does really annoy me that this happens.
If they were taken to court and it was publicised then maybe there would be less rip off sellers on ebay - which can only be a good thing. This wasnt a genuine 'mistake' or 'error' - this was a deliberate act and should be jumped on! big time
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8y, 3m agoPosted 8 years, 3 months ago
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#1
Pointless!

Offer to treat, no contract until they accept your offer.
#2
I think you are wrong with the user agreement and terms of placing an item for sale.

5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category. All "Dutch Auction" or "multiple item listing" items must be identical.

5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.

5.3 Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless: (a) the item is listed in a category under our Non-Binding Bid Policy; (b) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (c) the seller cannot authenticate the buyer's identity.





this is cut from the email ebay customer support sent me -


Since the seller is refusing to sell the item, even though you won used
Buy It Now, this is a breach of our Seller Non-Performance policy. Just
as you are obliged to pay for an item you win, the seller is obliged to
sell it to you.
#3
completely agree with you but i also think something should be done with buyers that enter the legal binding by bidding and then winning and not paying for items yet they still seem to get away with it. i am a seller on ebay myself and the amount of people that win an auction and do not pay is unbelieveable. but yes i do know what you mean alot of auctions have written on that they reserve the right to end an auction as it is for sale elsewhere but this is againest ebay rules so they should be pulled off. also they say people are welcome to view an item so with it being on ebay they should bid to win or press the buy it now button not go leaving deposits that is just wrong i think ebay in some ways has just become a way to advertise rather than sell on the site.
1 Like #4
They have broked ebay t&c's, not the law!
#5
Absolutely agree with you 100% greyparrot. It works both ways!
She didnt even have that it was advertised elsewhere - if she had I might have been less annoyed. However saying that - on the other thread someone said they had had their listing pulled because it said advertised elsewhere.
#6
yes sure they have broken ebays t&cs not the law but the fact is ebay would be a better place if idiots like this was not on they should no longer be allowed to use ebay.
#7
yes the listing would of been pulled as it is againest ebays rule to put that. all i can see is they have sold elsewhere to save on the sellers fees they would of recieved through ebay.
banned#8
at least the seller would have auction fees to pay which can be a lot on a car I believe.
#9
Just to let you know it has all be resolved. The other buyer has been told they cant have it and it is now mine!
Thanks for all the help and advice. much appreciated
#10
Aquatic
Just to let you know it has all be resolved. The other buyer has been told they cant have it and it is now mine!
Thanks for all the help and advice. much appreciated


No worries, the other buyer could probably sue as they had an accepted offer and paid a deposit.
#11
Benjimoron
No worries, the other buyer could probably sue as they had an accepted offer and paid a deposit.


Quite possibly and I wasnt nasty - Just said I really wanted it - hense the fact I'd put in a best offer and then completed the BIN to save losing it for a few pounds. Apparently the other person had contacted them through ebay to view before purchase and then wanted to complete outside of ebay (for whatever reason) - I mean he was there with the brother and looking at it - still - hey ho - not saying it was right and there were ways around it to do it properly and maybe the other buyer knew that - but im glad ive got it!

My point still stands tho - do it properly and no one gets upset! If you sign up to ebay then follow it through whether you are seller or buyer and make it a much better place
#12
Aquatic

My point still stands tho - do it properly and no one gets upset! If you sign up to ebay then follow it through whether you are seller or buyer and make it a much better place


You're right, but remember that until they accept your order there is no contract so you can't sue them! They have every right to choose who they deal with and just because you click buy it now doesn't mean that they want to deal with you.

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