Ebay seller refuses to honor his 2nd Chance Offers

Hello from New Mexico.

Recently, I bid on three eBay auctions from the same seller and did not win any of them. Ebay has a policy that if the seller is not able to satisfactorily close the deal with the highest bidder or has duplicate items, he may then extend a "2nd Chance Offer" to any of the losing bidders. Ebay's policies then state that the Seller can extend 2nd Chance Offers to more than one losing bidder if he has duplicate items. The seller did not have duplicates of the items he offerred.

The seller came back and on Thanksgiving extended three 2nd Chance Offers to me. Within the allocated time frame, I responded that I was interested in all 3 items but wanted to consolidate the shipping into one package at one total S/H cost.

The seller then responded that he had made duplicate 2nd Chance Offers of his unique items to other losing bidders, other losing bidders had responded faster than me and had accepted his 2nd Chance Offers for his 3 items. Still within the time limit his 2nd Chance Offers allowed, I emailed him back that I accepted his offers exactly as stated in his earlier 2nd Chance Offer notices and wanted to immediately pay for them in full. My view is that an offer is an offer, and is valid during the entire time frame that the offer covers, and that the seller cannot negate the offer for any reason not related to non-receipt of payment.

The seller responded by email telling me to "go f**k yourself" (using the actual word). I then emailed him back, again within the offers' time limits, both to reiterate my acceptance of all 3 of his 2nd Chance Offers, and to inform him that my granddaughter used my computer to do her homework and that he did not have the right to expose her or me to his filthy language. He then responded with a message that included, "Are you f**king stupid?" (again, using the actual word).

Besides complaining to eBay, what are my options here. This appears to me to be a case of breach of contract, fraud and outrageous behavior, but there may be other torts possibly involved.

Please advise. Thanks. John Williams, [email protected]

Tell it to e-bay. We've heard enough of this garbage to last a lifetime

Make that 2 lifetimes.

troodont said:

Besides complaining to eBay, what are my options here. This appears to me to be a case of breach of contract, fraud and outrageous behavior, but there may be other torts possibly involved.

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Sir, don't listen to these louts. I have never in my entire career witnessed such an egregious example of Outrageous Behavior in the First Degree (Ebay-Related). You also have a very good case for breach of contract, fraud, knowing misrepresentation of the facts, civil vulgarity, tortious interference with business relationships, illegal use of the hands, cybersquatting, icing and possibly even a shot(post) clock violation depending on the exact timing of your replies.

I would suggest you head down to your local court immediately, as that is the only way this type of behavior will ever be quenched. I wouldn't see a lawyer, as they will only suck up 1/3 of what is sure to be your extraordinarily high award - and tthis is such a open and shut case, you should have no trouble whatsoever.

Good luck to you.

You lost, move on. Ebay is not going to help you, the only person that has any legal right to purchase the items is the high bidder, if the person backs out, the seller can sell to anyone they want. Your getting your panties all twisted up over something your have absolutely no legal right too. If you truly wanted the items, you should have bid higher.

1. You have no breach of contract, there was never a contract. An offer was made, you didn't respond it time. Too bad, too sad.

2. You obviously don't know the meaning of fraud. Was the seller selling fake items? Did he attempt to deliver something you didn't want?

3. Go f**k yourself too. Outrageous behavior and using swear words is protected by the first amendment. If you don't want your granddaughter reading that language, don't let her read your emails.

Go ahead and follow the advice of YAG, you will look like a bigger idiot that you are now.

racer72 said:

Go ahead and follow the advice of YAG, you will look like a bigger idiot that you are now.

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Spoilsport

too funny.....

I agree 100% with YAG on this one. Your options are:
1) To pursue your legal options as detailed so eloquently by my esteemed colleague, or
2) Go to the sellers house and wait in the bushes until nightfall and you are sure that all inside are asleep. Then, sneak in and 'recover' YOUR merchandise.

If you choose the second, be sure to leave exact change.... and maybe a little 'surprise' in the corner for them..... if you know what I mean!!

YAG, I'll admit it, you whooshed me on that one.

Thank you YAG

The constructive responsive type response that YAG provided was what I was looking for. Thanks.

I could never figure out why some lurk around chat groups and newsgroups just to routinely insult people with one-liners. I did know one guy who used to regularly do that, but he bagged groceries for a living and had to deal with a lot of rude customers and was all pent up with anger over the insults and his failed life at days end (since passed away from cirrhosis). Everybody knows where these types are coming from, they clearly have zero credibility, and pretty much fall into the same category as spam and street litter. One-liner insults of course does not require even the tiniest bit of understanding of law or the UCC, or intelligence. Just a big mouth. If you do not have anything constructive to say, then move on - you are not welcomed here.

YAG's answer gave me some additional ideas in the causes of action area, and if future posters can focus in on that area, I think we will all learn better how to deal with similar situations - hopefully the goal of the chat group.

The fact remains is that an offer is an offer, an accepted offer under the terms of the offer is most probably a binding contract, a person who extends an offer knowing that if accepted within the time limit he foreseeably may not be able to honor it is in breach of contract under UCC if it is accepted and he does not honor it, that the Seller clearly violated eBay rules, that the seller caused me an expectation of profitably of using the items in my business thereby damaged me, and that the seller's filthy language is also actionable - while he has the right to speak, he does not have the right to force me to listen or to use my equipment, bandwidth and time to impose his speech on me.

John

troodont said:

The fact remains is that an offer is an offer, an accepted offer under the terms of the offer is most probably a binding contract, a person who extends an offer knowing that if accepted within the time limit he foreseeably may not be able to honor it is in breach of contract under UCC if it is accepted and he does not honor it, that the Seller clearly violated eBay rules, that the seller caused me an expectation of profitably of using the items in my business thereby damaged me, and that the seller's filthy language is also actionable - while he has the right to speak, he does not have the right to force me to listen or to use my equipment, bandwidth and time to impose his speech on me.

John

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Well said, sir! Now, onwards with that lawsuit! You didn't specify what district you were in so let me offer a generic NM Order to Show Cause which will be the first step to your newfound riches: http://www.firstdistrictcourt.com/forms/pdf/motion for order to show cause.pdf

Please don't forget to come back after you've won and share your success story!

You Are Guilty said:

Well said, sir! Now, onwards with that lawsuit! You didn't specify what district you were in so let me offer a generic NM Order to Show Cause which will be the first step to your newfound riches: http://www.firstdistrictcourt.com/forms/pdf/motion for order to show cause.pdf

Please don't forget to come back after you've won and share your success story!

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AND those riches