Can A Seller Refuse A Particular Type of Money for Payment?

[ktchong]

What is the name of your state? California.

What is the name of your state? California.

Is there a federal law that says that a seller cannot refuse a certain form of money as long as it is valid, commonly accepted form of payment?? I remember about such a law back in a college law class, but I can't remember the specifics. Basically, it says that a seller cannot refuse a particular type of payment of money. Of couse, the laws of the land supercede any eBay rules or contracts between sellers and buyers.

Here is the situation: I bought an item on eBay that was to be picked up personally. In the original listing, the seller wrote that the item was located in El Segundo, California, and the buyer makes payment in money order or cash in El Segundo (at the pick up.)

The seller has changed the terms and conditions AFTER the auction has closed and without my prior consent -- now the item is located in Long Beach, California, and the seller demands me to mail a money order or cash to an address in Hawaii. He has not given me an address in Long Beach for the pick up, nor a contact person to meet for the pick up, nor a contact phone number in California to call and to make the pick up arrangement.

Please note that we have had a prior dispute before the seller decided to change the terms and conditions. (i.e., we set up a time and place on the Christmas shopping weekend for the pick up, I missed the first pick up due to miscommunication. The seller immediately turned berserk and became rude and *extremely* uncivilized.)

I have the strong feeling that, once I have made the payment in cash or money order, he will just screw me over because there is no proof there I pay. The seller has filed an unpaid item complaint against me.

I know he has a PayPal account, and I want to just send money to his PayPal account so the transaction is traceable and documented. I even put in the extra money to cover any possible PayPal fees (although I know he has the most basic free account, so it does not cost him anything to get money via PayPal.) However, he refuses to accept PayPal payment because he says it is not "in the original terms" (although he has already changed the terms himself -- he insists that he, as the sellers, can set up the terms -- those darn egoistic musicians think they don't have to follow the rules and can make up the rules on the way.) I am quite sure he will not accept my PayPal payment, but then eBay will cancel the deal if a seller refuses the payment, and his complaint will be cancelled as well.

I checked eBay rules, and one says a seller cannot refuse a payment, but the rules are very vague. And I remember that we have a federal level law that says no one can refuse a particular form of money in payment. Of course, laws supercede any eBay rules or seller/buyer contract.

Please, if anyone can tell me about that law in details, I'd appreaciate it.

 

[seniorjudge]

Payment for goods and services in the United States must be made with legal tender.

 

[Some Random Guy]

I think that you are referring to the fact that cash is an acceptable payment for debts.

Hint, look a the money in your wallet. http://crescentcitycoinclub.org/clipart_and_photos/50 dollar bill new - front & back.jpg

This is not a debt, but rather a sale. The seller gets to determine what payment methods are accepted. The seller determined the terms but now has changed them after the auction ended. This is a contract dispute.

 

[You Are Guilty]

Oh yay, another ebay question.

https://forum.freeadvice.com/search.php?searchid=945926

 

[ktchong]

So what is my recourse?

 

[zippysgoddess]

And if Ebay says they can't refuse a form of payment, then why do they let them list the methods they will accept? They just say the cannot refuse payment, not that they can't restrict the types they will accept.

Sorry, no such law either. They can refuse. The law only says that cash is legal tender for all debts public and private, however, they do not even have to accept cash if they prefer not to do so.

You however, have the right to refuse to pay until you know how you can get your item. If the seller will not cooperate, then contact Ebay with your problem.

 

[justalayman]

Payment for goods and services in the United States must be made with legal tender.

Not true, If I want you to pay in nice smooth little stones and you want what I have, you have to pay me in nice smooth little stones.

 

[ktchong]

You however, have the right to refuse to pay until you know how you can get your item. If the seller will not cooperate, then contact Ebay with your problem.

Is there a law that specifies that in the US or California?

Also, the seller has changed the terms and conditions of the contract: specifically, the location of the transaction and the payment/pickup arrangement. Surely that must have affected the validity of the entire contract in some way.

 

[ktchong]

The seller determined the terms but now has changed them after the auction ended. This is a contract dispute.

What is my recourse? Does the seller changing the terms of the contract AFTER the auction has closed invalidated the entire entire contract?

 

[justalayman]

I believe it would make it voidable.The change of terms would be a material change of the contract. If you wish to continue with the contract with the changes you can do so. If not, you should be able to void the contract at will. There again if he wishes to require you to fulfill the contract as originally agreed to then that is his right.

he refuses to accept PayPal payment because he says it is not "in the original terms" (although he has already changed the terms himself --

It sounds like you are doing the correct thing. It sounds very scammy

 

[ktchong]

I don't really think he's a professional scammer. I just think he has problem with controlling his temper, and he just want to get even by screwing me over at several levels -- take my money, don't give me the good, leave a bad feedback for me, and prevent me from leaving a bad feedback for him. And with cash or money order, I can't prove that I've paid. So now I have to think of a way to prevent that.

His mistake is that he has unilaterally changed the terms and conditions on at least two points. So I can use that against him.

Anyway, here are some of the insulting emails he has been sending me:

Seller: " JUST LOOK AT YOUR NUMBER ON EBAY , YOUR JUST A BEGINER ."

Seller: "ARE YOU THAT STUPID ,I MOVED TO HAWAII AND I'M SELLING THE STUFF I HAVE IN STORAGE , YOU IDIOT. I CAN TELL YOU ARE JUST A LITTLE A LITTLE KID . GROW UP ASS HOOOOOOOLE WHAT IS YOUR AGE YOU ARE TO YOUNG AND STUPID TO UNDERSTAND ANYTHING YOU ARE THE ONLY ONE THAT ASKED SO MANY DUMB QUESTIONS AND DID NOT UNDERSTAND INSTRUCTIONS . DUMMY I CAN TELL YOU ARE NOT OF A ENGLISH UNDERSTANDING , YOU CAN NOT UNDERSTAND ENGLISH..R.OY"

The seller: " SHUT THE HELL UP EVERYONE ELSE GOT EXCEPT YOU , YOU ARE A LITTLE BOY THAT DOES NOT WHAT TO DO. HOW OLD ARE YOU , THAT ANSWERS THE QUESTION."

Reading his emails, I certainly have reason to be wary of him and his uncivilized his behaviors. Please note that I have always remained courteous to him and refrained from insulting him in anyway throughout our entire dealing.

 

[justalayman]

Basically the two of you are in negotiations to amend the contract. You need to decide if you, under any circumstance other than the original, want to make the purchase.

If you aren't willing to agree to a change to the contract but want to execute the contract, tell the seller you require him to fulfill the contract as origianlly agreed. If he fails you have two choices: let it go and notify eBay to the solution or, try to make him fulfill the contract. You would have to sue him in court to do this.

If you are willing to accept changes, it is up to the both of you to reach an agreed solution.

This is one of the many reasons I do not purchase over the internet. I can see you are already aware of the difficulties even proving payment can be let alone how to enforce any agreement or lawsuit should one result.

 

[dallas702]

The seller actually sent you that crap after he changed the terms of the sale/payment? Oh, yeah....like I'd really trust this whacko!

DO NOT send him a dime until you have got the goods in your sight, or are standing in front of them with someone ready to hand them over. I've actually seen this done: buyer and seller arrange for a third party to meet at the storage unit with the buyer; seller's agent (3rd party) hand buyer the goods and buyer hands him the payment. Problem solved.

 

[ablessin]

First of all, a seller on e-bay CAN refuse a method of payment.

As a seller on e-bay, I do not have to offer paypal as a payment method. It costs the seller money to accept paypal.
I accept it based on convenience to the buyer plus it's much quicker.
I accept paypal and money orders or cash at buyer's risk.

Since e-bay is a world of virtual strangers to each other, personal check acceptance is pretty rare.

At this point - I would not pay via cash, as it's untraceable.
A money order is your best bet. . . you'll get a carbon copy receipt to keep.
Just write the e-bay item number on the MO and print something off e-bay with the item # and product description for your records

 

[racer72]

I have a small business and the only way to pay for the service is by credit card. I do not accept cash, money orders, bank drafts, or checks. Oh, and I don't accept American Express. Visa is preferred, MC and Discover are okay.