I bid on, and ultimately won an auction for a used commercial-grade treadmill on eBay.
Consider that this particular model sold new for over $5k and was selling elsewhere in used condition at an average price of $2100, with a low of $799 at one location. There was no reserve price set on this auction, and there was an available quantity of twelve listed. My maximum bid was set at $450 and the final winning price was $325. There were a total of 53 bids all told.
As I said before, I knew I'd gotten an incredible deal on the cost and even remarked to my wife that I could foresee a renege by the seller.
The auction ended at about 10:30PM on February 9th. On February 10th at just after 9AM I received this email from the seller (I'll emphasize portions of his responses I deem noteworthy by using a bold typeface):
"Hi,
I am very sorry but there was a major error in this listing. I woke up this
morning to see that we've sold 12 of these treadmills. There was a listing
error as we only have a handful of working treadmills and most have been
sold this past week. The listing was made in error as we were only auctioning
off 1 of the ones we had not 12. I sincerely apologize and will be happy
to work with you towards your next purchase. We will also free you of any
financial obligations that you have with us. We apologize for the error
and hope that we could make it up to you. Once we work out the details with
ebay, I would be happy to leave you positive feedback for your understanding.
Please cofirm that you've received this message.
Thank you and we apologize for the confusion and inconvenience"
I then asked the seller if it would be possible to purchase one of the remaining units that were obviously still available (despite the error in the actual listing) or, failing that, if I might even purchase one that was in need of repair, and fix it myself, at my own expense - as an appeal to the fact that he'd only sold it to me for $325 and I could therefore incur the additional expense.
This was his reply:
"I have a couple that I will be refurbishing but they will sell for alot more
money. On the flip side, you are gauranteed a top notch mechanically sound
treadmill. I also have other treadmills on the site. Is there any one in
particular that you were looking at? Thank you for understanding. "
It's important to know that in the auction (I will withhold links for the sake of privacy) he stated, in the first paragraph, in large bold print, that there was an optional service charge of $900 for refurbishing each unit sold. An option I did not choose nor make an inquiry about.
I countered his response, explaining that a non-refurbished unit is exactly what he described in the listing that I won.
I had also made the discovery that, despite his claim that the auction was listed erroneously, he had received positive feedback from two other winners of this very same auction, who were pleased with the product. When I asked him about this, his response was:
"Since I've created the
listing 10 days ago, our tech went through the machines and found 3 as needing
new belts, decks another 2 with a bad motor/lower electronics and miscellaneous
issues."
So the technician, somewhere during the hours of 10:30PM Sunday, to 9:00AM Monday, went through the machines. Plausible, I suppose - but what about the claim on each of the auctions that "All units are in good condition and have been serviced and cleaned."
He continued "The ones with bad belts and decks are saleable but he recommended
refurbishing them. That leaves 7 left. When I was answering questions, there
were plenty to choose from if I was auctioning off one at a time. So as you can
see, I do not agree that "listing 12 instead of 1 was not the major listing
error" as that was clearly the case. All the treadmills that I have available
to be sold are in good working order, nowhere in the questions do I say all 12
that I have are in good working order. As I said before, I did not know that I
was auctioning off 12. Out of what was left, they were all in good working
order. Yes you are correct, it would cost 900 on top of 325 to refurbish the
treadmill. I am happy to sell you one of the 5 left providing those are not
spoken for. I am having similar conversations with other people right now and
most of them paid me immediately after the auction ended. My recomendation is
to take the one needing the new belt and deck if available however, I am
obligated to the people who's money I've collected so far."
And "You are also welcome to come
down to our warehouse and handselect your own out if what is avaialable.
Therfore you can also see for yourself that we are telling the truth. If you
look at our feedback, youd see that 2 of the 3 customers that picked up the same
treadmill that you've won have already left us feedback. You'll also see with a
100% feedback rating, I do not try to pull the wool over customers eyes. Yes,
this was a big mistake which cost us allot of money but I am doing what I could
to keep customers satisfied and fill as many orders as we can but I cannot pull
a machine out of thin air. You are correct, we expected to get more money for
these but I have an obligation to the people that won and have paid first. I am
filling all of the orders that I can. I understand that this will jeoprodize
our feedback but there is not much else to do when I do not have the product. I
am happy to work this out providing I am able to. Again I apologize and will
keep you posted. I'm not sure how you can pursue this legally as not money has
been exchanged. PLEASE DO NOT SEND PAYMENT. I will be back in touch. Sorry for
the confusion."
"Right. What are you not understanding? I am making good on my error but I do
not have 12 treadmills! You move to the end of the line considering that most
others paid and 3 have already picked up. The feedback proves that I am doing
what I can and negates your accusation of me trying to back pedal on bids. You
are wrong with your accusations and will see at least 3 more positive feedbacks
pop up. Sorry that you feel that I've insulted your intellegence but I did
nothing of the sort. I encourage you to continue to do your research and you
will see that this is all truth. I find your accusations to be rude. I'm sorry
but free delivery will not happen either. I will let you know if I have a
machine for you but as of right now, please continue to move forward in you
investigation to satisfy your pet peeve. Sorry but we are doing what we can."
"I forgot t mention, all bidders won for 325. It doesn't matter the order in
which you are on that list. You are welcome to come see for yourself if it
makes you feel better."
This is in response to the first email I received from him:
"Yes please ask them. Everyone who didn't pay received the email. Here is the
bottom line. I do not have 12 treadmills. 3 have been picked up and others
have been paid for. Bottom line sorry. Proceed how you wish. Compile all of
the evidence you wish."
"The more you email me the more you prove my point. So does 2 listings indicate
that I have 24 treadmills? Exactly! An error. My intent was to auction off 1
at a time. Not 24 when I only had 12. All available for sale were in good condition. I cannot waste anymore time trying to satisfy you and will have to
put an end to these emails. I have been nothing but honest. I'm am Sorry."
Also while on the phone with the seller, I made him aware that he had ANOTHER auction for 12 of the SAME units (Model 956i as opposed to the 956 which he admitted was basically the same treadmill), and asked why he wouldn't give me one of those instead. He claimed that he was completely unaware of another auction for these units. He said that it must have been (another) listing error in that he accidentally posted the same auction twice.
The reality, I informed him, was that these two auctions had different pictures, different prices, different item descriptions, and even a different model number. They were indeed different auctions which SOMEONE created.
You see, he claimed that he had absolutely no idea that this other auction even existed. This is despite the fact that he answered eight questions posted to him through that auction, one of which was a price quote request from an individual who wanted TEN machines. The seller replied that the cost including shipping would be over ten thousand dollars.
My question to him was "Where did THOSE units go?"
His reply was that he thought the questions were all coming from the same auction.
He also claimed at one point that "I didn't know that all 12 were on auction. There were 12 available when we received them into our warehouse, and some were sold outside of ebay. If you've
followed our auctions youd notice that this is the first time we've ever done
something like this. I listed 1 to be auctioned off with 12 in the inventory
box."
But he didn't HAVE 12. But he did. But he didn't. But he does and I can hand-select one. But he can't pull one out of thin air. But he has 12. But he only has seven. On the phone, he said he didn't have ANY. He's got ones that need repair. He only has working units available. They were all inspected and cleaned. They were apparently not.
Can I take legal action against this man if he doesn't come through? His most recent email was a complete backpedal where he asked me to "stop trying to figure it out" because "he'll work something out."
I appreciate all responses!