TammyTammy
Junior Member
What is the name of your state (only U.S. law)?FL both the seller and me.
I see many "ebay seller backs out " threads in searching the forum but
none seem to be as involved or severe as the situation about which I
would like to inquire / receive advice.
Looking for some time for a particular industrial machine, through all
possible avenues, on eBay several days ago I found the right one - in
the right condition - at the right price and IN the right place...
(within 300 mile round trip, but barely...)
To ensure my winning bid, I missed work the morning the auction
closed... and with 4 seconds left, I was the closing/ winning bid of
12 at $787 with $450 shipping.
I won the auction on 4 Feb and after many attempts to reach seller via
email and phone was finally able to make contact in a call last night
about 8 p.m., and a postive, polite conversation ensued - wherein the
seller , ebay username frec9391 expressed being glad to have a local
buyer, gave instructions to one of his places of business (where the
machine was located), offered that he had a forklift to load the
machine and set up to meet bright-and early in the a.m., requesting
that I "Don't pay online bring cash" where I replied "so long as you
have a written bill of sale that is fine". With which he agreed.
Left house at 5:30am, rented heavy equipment trailer at tool rental
place shortly after 6am, filled up $88 in fuel & hit the road.
sellers phone straight to voicemail, until about 15min away from
seller (he is on the other coast) I receive a call from him asking
where I was. I tell him exactly where and how close I am, and he
then tells me he has changed his mind and wants no less than $4500,
because the machine is worth a lot more than the auction price.
I kept my cool and tried reasoning, explaining a similar deal I had to
eat it on years before, for failing to set a reserve or stop the
auction early, I even offered to pay him the $787 PLUS the $450
shipping rate, even though I was about to pickup the machine, and he
still insisted that if I show up less than $4500 CASH, I'd be wasting
my time (as if this were any concern) and hung up on me. as I tried
to respond.
I called ebay and a rep strongly urged me to go ahead and pay via
paypal, the auction price $787 PLUS $450 shipping charge, and to
open a dispute resolution case as she would be lift the 7 day wait
considering the situation at hand. I paid in full 3 min. later, but
when I later arrived back at home, and tried to open the dispute
action, found no such thing had been done.
I called back again, starting from scratch, and was ultimately
advised THIS time to wait until Feb 28, the latest date on estimated
shipping , but at least 7 days, and within another couple hours,
noticed the seller had re-listed the exact machine I had now bought,
with the exact same listing, only changed from auction to fixed price
at $4900 + $450 shipping
Yet another call to ebay produced similar results, starting from
scratch yet again, this time I insisted on a Supervisor, who after
verifying my identity and asking all the same questions yet again,
assured me a "Specialist" team member from the "Trust & Safety Team"
would be briefed and I'd be transferred momentarily, 20 min later, I
am verifying and explaining for the who knows how many-eth time. this
one expressed his amazement that a seller could re-list the same item
without refunding - or that he could reverse payment - giving the
illusion that an auction had reached an amiable-termination or
mutual-acknowledgement-of-error "He didn't notify us, he cant do
that, -we don't allow that!" he exclaimed (on the contrary)
and that's when I got a message from paypal that the seller refunded
my payment.
I told the specialist this, and he said he would be "looking into
this" but couldn't stop the new listing, couldn't make any calls,
basically, that he couldn't do anything...
Worse still, upon winning the auction, I had contacted several
colleagues and acquaintances, whom I know to be looking for one of
these machines. quickly, I was able to arrive at a deal with a buyer
from among them, for a profit of several thousand dollars, so long
as the machine is in working condition. upon finishing the pickup
arrangements last night, I called this man and told him I was picking
it up 1st thing in the morning, and he replied for me to bring it
straight to his shop, along with my receipt book, and he'd have our
agreed funds in hand when I got there with it.
I am out a significant profit, and at the further expense of
irritation, time and money for the fuel, rental, tolls, etc... and
perhaps worst of all, my reputation is severely tarnished. IT was
good enough to forge a $12k deal sight unseen before this, now after
such a failure to deliver, I can only speculate what opinions have
been formed. or how far it will go...
I want the item for the contractually binding agreed price of $787.
I'm even amenable with the $450 shipping, both of which I paid for
but wish to seek maximum recovery if this person insists on welching
on this deal.
who is liable in a FL Court? and on what grounds might I proceed with
court actions? WHAT IS LEGALLY ACTIONABLE and WHAT WOULD YOU DO
NEXT?
I see many "ebay seller backs out " threads in searching the forum but
none seem to be as involved or severe as the situation about which I
would like to inquire / receive advice.
Looking for some time for a particular industrial machine, through all
possible avenues, on eBay several days ago I found the right one - in
the right condition - at the right price and IN the right place...
(within 300 mile round trip, but barely...)
To ensure my winning bid, I missed work the morning the auction
closed... and with 4 seconds left, I was the closing/ winning bid of
12 at $787 with $450 shipping.
I won the auction on 4 Feb and after many attempts to reach seller via
email and phone was finally able to make contact in a call last night
about 8 p.m., and a postive, polite conversation ensued - wherein the
seller , ebay username frec9391 expressed being glad to have a local
buyer, gave instructions to one of his places of business (where the
machine was located), offered that he had a forklift to load the
machine and set up to meet bright-and early in the a.m., requesting
that I "Don't pay online bring cash" where I replied "so long as you
have a written bill of sale that is fine". With which he agreed.
Left house at 5:30am, rented heavy equipment trailer at tool rental
place shortly after 6am, filled up $88 in fuel & hit the road.
sellers phone straight to voicemail, until about 15min away from
seller (he is on the other coast) I receive a call from him asking
where I was. I tell him exactly where and how close I am, and he
then tells me he has changed his mind and wants no less than $4500,
because the machine is worth a lot more than the auction price.
I kept my cool and tried reasoning, explaining a similar deal I had to
eat it on years before, for failing to set a reserve or stop the
auction early, I even offered to pay him the $787 PLUS the $450
shipping rate, even though I was about to pickup the machine, and he
still insisted that if I show up less than $4500 CASH, I'd be wasting
my time (as if this were any concern) and hung up on me. as I tried
to respond.
I called ebay and a rep strongly urged me to go ahead and pay via
paypal, the auction price $787 PLUS $450 shipping charge, and to
open a dispute resolution case as she would be lift the 7 day wait
considering the situation at hand. I paid in full 3 min. later, but
when I later arrived back at home, and tried to open the dispute
action, found no such thing had been done.
I called back again, starting from scratch, and was ultimately
advised THIS time to wait until Feb 28, the latest date on estimated
shipping , but at least 7 days, and within another couple hours,
noticed the seller had re-listed the exact machine I had now bought,
with the exact same listing, only changed from auction to fixed price
at $4900 + $450 shipping
Yet another call to ebay produced similar results, starting from
scratch yet again, this time I insisted on a Supervisor, who after
verifying my identity and asking all the same questions yet again,
assured me a "Specialist" team member from the "Trust & Safety Team"
would be briefed and I'd be transferred momentarily, 20 min later, I
am verifying and explaining for the who knows how many-eth time. this
one expressed his amazement that a seller could re-list the same item
without refunding - or that he could reverse payment - giving the
illusion that an auction had reached an amiable-termination or
mutual-acknowledgement-of-error "He didn't notify us, he cant do
that, -we don't allow that!" he exclaimed (on the contrary)
and that's when I got a message from paypal that the seller refunded
my payment.
I told the specialist this, and he said he would be "looking into
this" but couldn't stop the new listing, couldn't make any calls,
basically, that he couldn't do anything...
Worse still, upon winning the auction, I had contacted several
colleagues and acquaintances, whom I know to be looking for one of
these machines. quickly, I was able to arrive at a deal with a buyer
from among them, for a profit of several thousand dollars, so long
as the machine is in working condition. upon finishing the pickup
arrangements last night, I called this man and told him I was picking
it up 1st thing in the morning, and he replied for me to bring it
straight to his shop, along with my receipt book, and he'd have our
agreed funds in hand when I got there with it.
I am out a significant profit, and at the further expense of
irritation, time and money for the fuel, rental, tolls, etc... and
perhaps worst of all, my reputation is severely tarnished. IT was
good enough to forge a $12k deal sight unseen before this, now after
such a failure to deliver, I can only speculate what opinions have
been formed. or how far it will go...
I want the item for the contractually binding agreed price of $787.
I'm even amenable with the $450 shipping, both of which I paid for
but wish to seek maximum recovery if this person insists on welching
on this deal.
who is liable in a FL Court? and on what grounds might I proceed with
court actions? WHAT IS LEGALLY ACTIONABLE and WHAT WOULD YOU DO
NEXT?
