Ebay Seller Backed Out Because Item Didn't Sell for Enough

[ocdavi]

Hey Everybody-

First off I would like to say it is a shame I have to discover an awesome forum like this in such an inconvenient time. Anyways, today I bought an item off of eBay with the intention of reselling it and when I contacted the bidder he says he only wants to sell the item for 5400. Here is the auction link for reference:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5798006234

Here is the part of the eBay user agreement that states he has to fulfill his obligation as a seller:

5.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

I probably wouldn’t be worked up so much about this auction if I had not called (not e-mailed) the guy to confirm that the auction was legitimate ahead of time. Also, we both live in Southern California; me in Orange County and him in L.A. (about a 2 hour drive with traffic).

What you recommend I do? I am leaning towards small claim court, considering I have already contacted the seller and he refuses to let me complete the transaction by paying for the item and then recieving it. What laws state that he has to pay? What laws would I sue him under? And what reparations would you recommend I try to achieve? I hope if I present my self professionally with a enough information he will yield and sell me the items.

Cheers,

David

 

[ablessin]

I don't know how you will go about a lawsuit, but the seller took a risk by not putting a reserve price, and he is obligated to complete the transaction for the winning bid.

That he lost money is really not your problem.

Did you complete by paying yet? I hope not just to keep yourself safe. Did you contact the seller asking for an invoice and that is how this all came about??

 

[ocdavi]

Thank you for your comment albessin. I agree, he should complete the transaction but he won't, and I have not payed him yet. Any more advice?

Thanks,

David

 

[stuckinlamad]

if nothing else....

Well at this point your prob not going to get the seller to agree to the purchase and if you do pay him it may mean that things "got lost in shipment". There are a lot of shiesty sellers on ebay but a few good ones too. Have you contacted Ebay Security Center? http://pages.ebay.com/securitycenter/?ssPageName=f:f:US
i have gotten responces from them so it may help you.

A bid under ebay rules is considered a BINDING CONTRACT that is why you have to go through a second screen to confirm your bid. You had a contract that said I will pay up to this amount of $$ to the seller. You are prepared to meet that obligation. But you did have a contract with the seller who has by refusing to complete the transaction breached the contract. Good Luck

 

[stuckinlamad]

sorry 1 other thing

Just noticed that the seller accepts paypal but wants you to send him a photocopy of the front and back of your CC? That is what paypal is for so that the seller doesn't need to have your CC at all. Be glad you got out of this sale while you did.

 

[ablessin]

I would be leary of that, sending him the front and back of your CC>

The front - not so much of a biggie - but the back has that nice little number on it that can wreak havoc if it falls into the wrong hands.

DO NOT - under ANY circumstances send him that info!!!!!!!

I would try the advice posted above and if e-bay can't help you - you might just drop it - - it is sad the seller backed out, but it would really suck if you paid and they still didn't complete the transaction.

Remember the seller's name and don't do business with them again in the future

 

[CoolHwnGuy]

Hey Everybody-

First off I would like to say it is a shame I have to discover an awesome forum like this in such an inconvenient time. Anyways, today I bought an item off of eBay with the intention of reselling it and when I contacted the bidder he says he only wants to sell the item for 5400. Here is the auction link for reference:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=5798006234

Here is the part of the eBay user agreement that states he has to fulfill his obligation as a seller:

5.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

I probably wouldn’t be worked up so much about this auction if I had not called (not e-mailed) the guy to confirm that the auction was legitimate ahead of time. Also, we both live in Southern California; me in Orange County and him in L.A. (about a 2 hour drive with traffic).

What you recommend I do? I am leaning towards small claim court, considering I have already contacted the seller and he refuses to let me complete the transaction by paying for the item and then recieving it. What laws state that he has to pay? What laws would I sue him under? And what reparations would you recommend I try to achieve? I hope if I present my self professionally with a enough information he will yield and sell me the items.

Cheers,

David

Hello David.

eBay isnt as regulated as we'd all like to think and unfortunately theres not much you can do but file an eBay complaint.
He doesn't have to sell it to you no matter if you were the winning bidder.

I was in the same situation once.
I researched an item and finally found a decent one I was willing to buy.
I triple read everything on the auction, bid and won.
Paid almost immediately with PP. (cuz I'm cool like that)
Then he mails me back saying its going to be more because I'm in Hawaii.
Meanwhile his shipping price was to the entire US, not continental US or anything even remote to that!
I contacted the Seller and eBay and quoted every eBay rule applicable.
He said "tough" and they said theyd look into it.
Meanwhile the ONLY option available for me was a refund.

So basically if you sum it up.
It is not a "binding" contract because all the seller has to do is take the negative and refund the money.
(and you're probably not going to leave him negative or else he'll retaliate like the jerk that he is)

 

[Love My Husband]

Shady seller, two negative feedbacks already, and he actually wants the card verification value on the back. He's a scam. Just walk away. It's not worth your time. Really, it's not. What fdamages would you sue for? Lost profits you can't prove? You're out nothing at this point, so move on.

 

[found27]

what was the result of this?

 

[pattimelt]

what was the result of this?

Why are you bringing up ANCIENT threads?? This took place 5 years ago, and the Original Poster probably hasn't been back since then.

If you have a situation like this, start your own thread so someone here can help you.

 

[TheGeekess]

what was the result of this?

Don't dig up 5 year old threads. The OP is long gone and far away.

 

[found27]

ok... was just curious. I assume they just let it go like 99% of the rest.