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eBay Seller trying to pull out of sale after I won item...help please ?

51
Found 15th Feb 2014
Hello, I just won a item on eBay, and after winning got a response from seller that they had talked to eBay customer support and were advised to contact me direct. This is what he said in his message : *********
"apologise for this but I am new to selling on eBay and I have made a mistake with the listing. I thought that when a buy it now price was put on there , that was the reserve price. I now know that is not the case. I was expecting my item to show cancelled and not to go through at that bid price.
I am struggling to let it go at that price and request your acceptance for me to withdraw the item ". ***********
Now he sold about three or four things back in 2007 and then a couple recently, but has been an eBayer a long time. The item was listed on eBay, on the 8th, and ended this evening.
My feeling is that he just does not like the price he ended up with. The listing does not even show a buy it now price. I have not paid yet, and will contact eBay support tomorrow.
But where do I stand as the buyer ?, as I really want the item, and think this is just awful behaviour.
Any thoughts.....Please can you help......?
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51 Comments
Where do you stand nowhere, you can't make him send the item basically
All you can do is get a strike against his name which in the grand term of things means nothing
Edited by: "winifer" 15th Feb 2014
i think u cant force him to sell .......same happened to me last year i won the bid and the guy said his girlfriend has already sold stuff to someone ...i couldnt do anything other then leave a GREAT feedback lolz.
seems like a genuine mistake, give the guy a break and cancel it
Original Poster
I wouldn't mind, but just think this is despicable behaviour, I mean it's been listed for a week, and he could have pulled the item at anytime before it closed.....
So much for eBay protection then huh !
Thanks guys for the responses, does anyone else have any similar stories or experiences......

My current status is defined as. "Oh Poo !"
Original Poster
bangersandmash

seems like a genuine mistake, give the guy a break and cancel it



I can really appreciate that view......
but he has had an ebay account for 11 years and been selling for 7, there was no buy it now price showing, and its been listed for over a week, and he even answered questions about it today for me prior to the close.....also he is saying that he does want to sell it. (his words "I am struggling to let it go at that price"), but is In effect trying to get more money out of me....by holding me to ransom for his "supposed", if it even is one....c0ck-up !

So on balance of probabilities......whereabouts exactly do you think I should give him this break ?
No offence of course.

Edited by: "Chumba_Wumba" 15th Feb 2014
winifer

Where do you stand nowhere, you can't make him send the item basicallyAll … Where do you stand nowhere, you can't make him send the item basicallyAll you can do is get a strike against his name which in the grand term of things means nothing


A strike doesn't do much, you are right, but if he gets more, he can be suspended.. So really, it pushes him one step closer to suspension
it's legally binding. he's legally obliged to sell at that price. whether he'll send it after payment is another issue.
Can I please ask what the item was and the price it sold for?
Then we can judge better if it was because he wasn't happy with the price or if there's something else..
Thanks xx
Sounds like he wants a few Quid more.
I would complain but would not expect Ebay to do a lot
u cant do anything. ebay cant force him to send either. they can do something once payment is sent and he doesnt send item but thats a different story
Personally, I think as a gesture of goodwill you should just let it go. I would and if you were in that position you would want the same for yourself.
thisismark

Sounds like he wants a few Quid more.I would complain but would not … Sounds like he wants a few Quid more.I would complain but would not expect Ebay to do a lot



Annoying it may be, but you can do nothing about it, you can't force him to send it to you, or force him to accept the money, you can just wait it out and open a case, this may not do anything the first time, but if they do it again then ebay will probably close their account, move on.
I always pay immediately that way the item is paid and the deal is binding. tip: always pay with paypal using a credit card, that way if you get a problem after payment i.e. Goods not received or faulty your credit card company are legally obliged to refund you. Because ebay & paypal won't help.
Original Poster
bargainsgalore123

Can I please ask what the item was and the price it sold for? Then we can … Can I please ask what the item was and the price it sold for? Then we can judge better if it was because he wasn't happy with the price or if there's something else..Thanks xx



The item was an old computer, about 6 or 7 years old with four monitors, used for trading. Price £150 ish inc. postage.
Yes bargain on one hand, but an old out moded computer chip and technology on the other hand.
Original Poster
krazy4

I always pay immediately that way the item is paid and the deal is … I always pay immediately that way the item is paid and the deal is binding. tip: always pay with paypal using a credit card, that way if you get a problem after payment i.e. Goods not received or faulty your credit card company are legally obliged to refund you. Because ebay & paypal won't help.



That's a good point, I have not paid yet, maybe I should have as soon as it closed. Maybe he wouldn't have sent the message. But then again, if I had sent the money, and then received his message, I would probably have felt a whole lot worse.

You have made a really good point about using a credit card (I never use them, but have a dusty one in a cupboard somewhere, I need to dig out), and the extra layer of protection. Thouch, previously when I was sent fake 32GB micro sd cards off eBay (yes I know.....'major knobhead alert for buying it'), I contacted Paypal, and they pretty much recreated me the money straight away. But the credit card linkage would be a good fail safe....though am sure that it would probably lengthen the whole repayment process...but then again who cares as long as you know you have a better chance of seeing your moolah again.
krazy4

I always pay immediately that way the item is paid and the deal is … I always pay immediately that way the item is paid and the deal is binding. tip: always pay with paypal using a credit card, that way if you get a problem after payment i.e. Goods not received or faulty your credit card company are legally obliged to refund you. Because ebay & paypal won't help.

You won't get protection with credit card company as they're a third party. Contract is with paypal. moneysavingexpert.com/sho…ses
Your only option is to take him to small claims court for breach of contract....not worth the hassle...agree with redhot999 you are not covered using credit card section 75
About the buy it now matter, it used to be if you list something as an auction you can offer a buy now price but once a bid is placed the buy now option disappears. Don't know if this is the case now or not but it may explain the confusion if it is.
Terrabytes

It's an obvious mistake. The seller put a Buy It Now price instead of a … It's an obvious mistake. The seller put a Buy It Now price instead of a reserve price. The Buy It Now price disappears when you put on a bid, so obviously it won't show now. Accept it and move on.

Snap!
Have you asked how much he actually wanted? Maybe you could reach a deal in the middle. Otherwise you'll lose it. Obviously he may relist, it may not sell & you may get it cheap anyway
Not true. I Always get refunded off credit card company when item's are not 'as described' or 'fit for purpose'. Never ever bothered to claim from ebay or paypal.
krazy4

Not true. I Always get refunded off credit card company when item's are … Not true. I Always get refunded off credit card company when item's are not 'as described' or 'fit for purpose'. Never ever bothered to claim from ebay or paypal.

In the UK if goods are over £100 threshold where section 75 applies you get statutory protection (see previous link posted) . Chargebacks can only be made if less than £100. which.co.uk/con…ong
crazydaise

it's legally binding. he's legally obliged to sell at that price. whether … it's legally binding. he's legally obliged to sell at that price. whether he'll send it after payment is another issue.



Legally binding under what law? Don't think the police will be interested...

Sounds like a genuine mistake to me, what's their feedback like? If they haven't sold much before they could be telling the truth - just because they've been a member for years doesn't mean they've sold things before
kjcoolcat

Legally binding under what law? Don't think the police will be … Legally binding under what law? Don't think the police will be interested...Sounds like a genuine mistake to me, what's their feedback like? If they haven't sold much before they could be telling the truth - just because they've been a member for years doesn't mean they've sold things before



contract law
Original Poster
Wow, just want to thank all you kind folks....well I have digested everything you all said, and so I am going to talk eBay in the morning, and find out if indeed there was a buy it now price, and see what it was....and then take things from there by contacting the seller. Will let you know how it turns out.
Edited by: "Chumba_Wumba" 15th Feb 2014
I had that happen two days ago, paid straight away then about 8 hours later sent a cancellation request saying a disc was broken. I know it was a lie and from this happening in the past and you can't force them to send I just got my money back in the end. 5 mins later the same item is relisted "as new" again with no mention of a broken disc. (I did win it pretty cheap and obviously wants a higher price)

so now I'm going to teach him a lesson!
Original Poster
Apogee00

I had that happen two days ago, paid straight away then about 8 hours … I had that happen two days ago, paid straight away then about 8 hours later sent a cancellation request saying a disc was broken. I know it was a lie and from this happening in the past and you can't force them to send I just got my money back in the end. 5 mins later the same item is relisted "as new" again with no mention of a broken disc. (I did win it pretty cheap and obviously wants a higher price)so now I'm going to teach him a lesson!



lol......but how ???
nothing too naughty
Original Poster
Apogee00

nothing too naughty



....glad to hear it.....remember karma is a bitch !
I think I went out with her once
As a frequent eBay buyer and also an occasional seller, my advice would be to forget the item and move on - and be nice about it. No matter what the truth of the matter, the upshot is that the seller doesn't want to sell the item to you! Just accept the cancellation and then look for a new item to buy, it's just not worth the hassle to do anything else.
If you are really desperate for this particular item you could try asking the seller what price they WOULD accept and then ask them to list at a fixed price if you were prepared to pay what they wanted. Personally, though, I wouldn't do that.
Forget it....tomorrow is another day, as they say!
Jumpingphil

Stupid advice.



Hi jumpingphil!! Have you recovered from the Boots sale yet? Actually, did you not disappear at some point in the wee small hours?....You lightweight!
Anyway, back to the eBay issue in hand - yes, I wouldn't go with that advice either (see my comment above).
Are you doing Boots next year?
krazy4

I always pay immediately that way the item is paid and the deal is … I always pay immediately that way the item is paid and the deal is binding. tip: always pay with paypal using a credit card, that way if you get a problem after payment i.e. Goods not received or faulty your credit card company are legally obliged to refund you. Because ebay & paypal won't help.

such nonsense
Chumba_Wumba

Wow, just want to thank all you kind folks....well I have digested … Wow, just want to thank all you kind folks....well I have digested everything you all said, and so I am going to talk eBay in the morning, and find out if indeed there was a buy it now price, and see what it was....and then take things from there by contacting the seller. Will let you know how it turns out.

buy it now price disappears after the first bid
You really have two options.

First. Pay for it and have your money tied up for a few weeks going through Ebay Resolutions when you don't receive it.
You can then leave them negative feedback.

Second. Suggest a mutual cancellation and move on.

Same happened to me with a suit - got it at a bargain price - seller wanted more - so said suit was damaged so couldn't sell and also with Xbox games saying disc doesn't work etc.
Nothing you can do - Just leave negative feedback to let others know
Original Poster
Update....I just called eBay, and they have emailed him asking him to complete the transaction. They said I should contact him, which I will do now asking him whether he will honour the sale. If not eBay will put a sanction on his account and allow me to leave negative feedback, even though I have not paid him yet (because of his refusal to proceed thus far). Incidentally the Buy it now price was apparently £400.
Surely a two year old can tell the difference between buy it now and reserve price ?

Status Update : status has moved from "Oh Poo" .......... "What's That Smell ?".
Chumba_Wumba

Update....I just called eBay, and they have emailed him asking him to … Update....I just called eBay, and they have emailed him asking him to complete the transaction. They said I should contact him, which I will do now asking him whether he will honour the sale. If not eBay will put a sanction on his account and allow me to leave negative feedback, even though I have not paid him yet (because of his refusal to proceed thus far). Incidentally the Buy it now price was apparently £400.Surely a two year old can tell the difference between buy it now and reserve price ?Status Update : status has moved from "Oh Poo" .......... "What's That Smell ?".

Wow, just leave the guy alone. So he sold something and made a mistake with the price, big deal. Get over it and move on.

If somebody cancels the sale and is apologetic about it is "awful behaviour" to you then frankly, you're pathetic. If I was the seller and you started harassing like this I would have told you to **** off and cancelled the sale whether I considering honoring it or not.
If I were the seller in this situation now (not that i would have done something so stupid) I still wouldn't send it though coz even if he sent it you would probably still leave negative feedback so nothing really to be gained from his point of view. And think on, when in restaurants never upset a waiter as you just don't know what they'll do to your food.
Original Poster
GoatzRus

Wow, just leave the guy alone. So he sold something and made a mistake … Wow, just leave the guy alone. So he sold something and made a mistake with the price, big deal. Get over it and move on.If somebody cancels the sale and is apologetic about it is "awful behaviour" to you then frankly, you're pathetic. If I was the seller and you started harassing like this I would have told you to **** off and cancelled the sale whether I considering honoring it or not.



You cannot cancel a sale after it is completed, even eBay said that the sale as far as they are concerned is binding. For your information, I have not even responded to the seller thus far, so how exactly have I harassed him ? Anyway I'll leave you to your travels, I don't want to hold you back from dodging your latest fare. No offence of course.
Edited by: "Chumba_Wumba" 16th Feb 2014
Original Poster
redhot999

If I were the seller in this situation now (not that i would have done … If I were the seller in this situation now (not that i would have done something so stupid) I still wouldn't send it though coz even if he sent it you would probably still leave negative feedback so nothing really to be gained from his point of view. And think on, when in restaurants never upset a waiter as you just don't know what they'll do to your food.



No I wouldn't leave negative feedback anyway, I am not vindictive. Am I wrong for wanting a sale to be honoured? Blimey, I only asked for advice not the abuse I seem to be getting. Ultimately I am a realist, and do not expect to get he item at all, the waiter analogy is correct. If he sticks his willy into the computer though he might get an electric shock, or he could pee in the back of it....either way I don't think it would smell too good....

Status Update : "Has anyone got any Shake n Vac.....I need to put the Freshness Back...."
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