Anybody ever purchase an item and have the seller refuse to sell?

[steelpenguin]

Here is the situation. I purchased an item on eBay recently and the seller has basically refused to sell the item and it's starting to become a bit of an issue.

I paid for the item within a few hours, the seller tries to void the transaction, and refunded me the next day. I REPAID for the item again and contacted eBay.

Now ... does it not state CLEARLY on eBay and all listings within the user agreement that essentially sellers are responsible for their listings?

If true (and it is) is there any way I can avoid the cat and mouse game with this seller? I want the item. I realize by the price that there may have been an error on the pricing, but is that my fault? I don't think that it is.

I'm not trying to be difficult with this seller. I'm a pretty easy going and amicable guy. But the thing that bothered me was this guy no question is a big-time flipper for one thing and the seller did not even bother to contact me to explain the situation or apologize or anything. Despite my purchase and compliance with their "must be paid within 24 hours" policy the seller just assumed that they could send a void transaction notice and that I'd agree and walk away.

Not so fast on my end. The not offering an apology first was a major no-no in my book. I paid for the item and the contract should be honored, right?

So I ask ... has this happened to you as a buyer or seller and if you were the seller would you honor the error on your own listing?

Being that I am the buyer here, I don't think that I should be left in the cold here with nothing but a refund. I am basically being held liable as a buyer. Something with that just is not cool with me as a buyer or seller. We've all taken it in the shorts on an item as seller's on eBay. I have never, not once complained to a buyer because they got a deal on one of my listings. I guess I don't think that it's right or fair.

Any thoughts or comments on this one? Better yet, any advice in handling the seller and dealing with eBay which is going to have to mediate this I think. I'm expecting another refund soon .... and that ain't gonna fly!

[spartakid]

Can you give us an idea of the type of error? Like was it a BIN error, or it just went low? You seem to acknowledge that it was obviously an error, so I'm assuming it was a BIN.

[steelpenguin]

Can you give us an idea of the type of error? Like was it a BIN error, or it just went low? You seem to acknowledge that it was obviously an error, so I'm assuming it was a BIN.

Yep, the Buy It Now was lower than expected (waaaay lower). Honestly, at first I thought the item may have been a knock-off, but figured, ah what the heck. To be very honest, I was at a kid's birthday party and quickly browsed my way through a few listings, saw it and it was a total impulse. I looked at this listing again later and figured that I had a REAL NICE DEAL. At that point I kinda knew with the seller had no clue what they had or it was a fake. I don't think that this one is a fake.

This seller has good stuff, but by searching his buying and selling, the seller is a flipper. I can't figure out the price for the life of me. This seller should have been more careful on the proofread. I don't list till I triple check and I don't use a third party to manage my listings either. If the company this guy uses made the error, he needs to take it up with them ... not me. If he goof'd, well, what can ya do? It's not my fault or responsibility.

I kinda feel for the guy, but geesh, this is not the first issue I have had with a transaction this week .... lol. Buyers don't wanna pay. Now sellers don't wanna sell. Why am I always making things right for all of eBay? Geesh! It's wearing me out. I'm getting this from both ends now. lol

Oh and BTW ... based on another negative left in his feedback, it's NOT the first time he's pulled this as an excuse. He has a few comments where items were sold out from bidders as well. Life for this guy is great as a flipper, as long as he wins each battle.

So, all I know is I purchase and paid for an item and I want it. Is that bad? Esp at this point?

PS: I'm a 4.9/5 star, 100% guy BTW! Just to be clear! ; )

[legaleagle92481]

Ebay sucks. When you sell if you list at BIN at market value noone buys unless you have an item that is super rare or hot. All everyone wants is to get it dirt cheap and flip it for a profit on here or on there, which often happens on the straight auction listings starting at .99 cents that Ebay encourages.

When you buy alot of times you get fake or low quality goods from unscruplous sellers or you have "power" sellers that Ebay lets do whatever they want. The rule should be if a seller does not complete a transaction they cannot sell anymore and ditto for a buyer.

You could take legal action but it probably is not worth the time and money unless it is a one of a knd item that you cant get elsewhere.

[Jags Fan Dan]

I would get the refund, leave negative feedback reflecting what happened, and move on. You aren't out anything at that point and if you force the deal through, goodness knows what condition the item will be in when you get it. Maybe it's just me, but I think pushing this too far is just going to cost time and aggravation.

[Schmoozer]

Another magnificent thread.

We are supposed to give you advice when we:

A) Don't know what the item is;

B) Don't know what the value of it may be;

C) Don't know what you paid for it.



ZZZZzzzzzzzzzzzZZZZZZZZZZzzzzzzzzzzzzzzzzzzzzZZZzz zzzzzz.

Err..zzz..Um, oops, I'm sorry!

I would hire Gloria Allred, and go BALLS to the WALLS my man!!! Sue him into tomorrow, that filthy slouch!!!

[ferro39]

honestly? just let it go

there's nothing that you or ebay can do to force this guy to take a huge hit on an item if he doesnt want to...and by you trying to push him to do so because he didnt offer an apology or proof read his listings up to your standards makes you come off as worse than him in my book.

take your refund, leave your feedback, and call it a day.

[10thMan]

Your honest enough to say the guy made a mistake in the price, be honest enough to let him refund the money. Leave your feedback, move on. No-one can force the Guy to ship the Item, including Ebay!

The biggest Ebay issue I see people complaining about on this Forum about are when they EXPECTED to get a smoking deal & they didnt get their way. It`s all about Crying because they didn`t get to Flip something, this includes large scale Dealers.

Sean

[legaleagle92481]

honestly? just let it go

there's nothing that you or ebay can do to force this guy to take a huge hit on an item if he doesnt want to...and by you trying to push him to do so because he didnt offer an apology or proof read his listings up to your standards makes you come off as worse than him in my book.

take your refund, leave your feedback, and call it a day.

An Ebay transaction is a contract so you can sue for "specific performance" if the item meets certain criteria.

[aeneas01]

honestly? just let it go

there's nothing that you or ebay can do to force this guy to take a huge hit on an item if he doesnt want to...and by you trying to push him to do so because he didnt offer an apology or proof read his listings up to your standards makes you come off as worse than him in my book.

take your refund, leave your feedback, and call it a day.

very well put.


Your honest enough to say the guy made a mistake in the price, be honest enough to let him refund the money. Leave your feedback, move on. No-one can force the Guy to ship the Item, including Ebay!

The biggest Ebay issue I see people complaining about on this Forum about are when they EXPECTED to get a smoking deal & they didnt get their way. It`s all about Crying because they didn`t get to Flip something, this includes large scale Dealers.

Sean

again, well put...


An Ebay transaction is a contract so you can sue for "specific performance" if the item meets certain criteria.

yeah, let me know how that turns out - good grief... :rolleyes:


...

[legaleagle92481]

very well put.



again, well put...



yeah, let me know how that turns out - good grief... :rolleyes:


...

As my earlier post said I was not endorsing the idea just that it was an option. I was only correcting another poster's misstatement that the guy could not be forced to sell.

[ferro39]

An Ebay transaction is a contract so you can sue for "specific performance" if the item meets certain criteria.



yeah, let me know how that turns out - good grief... :rolleyes:

.

[eisenreich8]

Just a little background:

I've been a seller/buyer since 1998, 1248 feedback rating on one account (now inactive) and 774 on my current one. I have been ripped off, threatened, and stiffed. But, I too have made mistakes and no one felt worse than I when I botched a listing and either got forgiven or got cursed at and threatened.

Here's on example: An acquaintance gave me a first generation NIB iPhone to sell for him. Factory shrink-wrapped and all. I knew (and still know ZIP) about iPhones, but he wanted me to start it at $200. I mistakenly listed it with a BIN of $200. Even with my vast experience as an eBayer, I f'ed up. So, within 4 minutes or so, it was "sold". I realized my gaffe (and especially with someone else's entrusted item) too late and emailed the "buyer" as such. He threatened me with negative feedback and a lot of cursing and bluster, but I just sent him a second apology (I guess I had more courtesy than your seller) and he still was po'ed. I just had to wave it off and get on with life. I made a mistake and we all should get an allowance for that.

Your "seller" is either careless, dishonest, or both. I find it hard to believe that an experienced seller would not put a reserve or a minimum bid. Sounds like a dope to me, without more facts to go on.

I would just remember loved ones and those you knew or didn't know who perished in wartime. Forty-three thousand lives were lost and bodies unrecovered in the Pacific, alone, during WWII.

As another member stated so eloquently, you're not really out anything. Please move on and stick with those who have more accountability, like those on the GUU Forum. Peace brother.

[Danny899]

yeah, let me know how that turns out - good grief... :rolleyes:


...


Yeah, sue the guy. Great idea. No wonder the courts are so bogged down.

[soxbats]

I chuckle whenever I read the "its a contract" argument. At its most basic, a contract needs a "meeting of the minds" on all the material terms. Price is a material term. If a seller lists a price in error, or a buyer offers to buy for a price in error, the law will not enforce that "contract."

Of course this is not the same as buyers or sellers remorse. In that case you have a meeting of the minds and then someone later changes their mind. In that case, you would have a better shot at enforcing the contract.

[legaleagle92481]

I would be curious to know how many lawsuits have come out of ebay transactions brought by either party. From other threads on here if the member that posted the thread about the Berkman Allstar jersey a few months went through with his stated intent to take legal action there is at least one from a buyer and I have heard of sellers retaining collection firms to collect from buyers. I am not endorsing it at all and would never do it but if someone really wants an item more power to them if they are willing to expend time and money on it.

[aeneas01]

As my earlier post said I was not endorsing the idea just that it was an option.

so you consider suing the seller an "option" even though there's absolutely nothing to be gained by such a course of action (and arguably much to lose)? doesn't strike me as much of an "option".

the bottom line is there's not a court in this country that would award specific performance in this situation - not unless we're talking about a truly valuable and unique collectible, which i don't believe is the case. frankly, the notion of the buyer pursuing something like this is nothing short of laughable considering the time and expense involved. even if the buyer went the small claims route the most he could expect for his time, effort and expense would be a price difference judgment - but good luck even winning that battle.

btw, i wonder if steelpenguin's ebay name is "penguins_steeler" - if so he often lists some very nice items....

...

[legaleagle92481]

so you consider suing the seller an "option" even though there's absolutely nothing to be gained by such a course of action (and arguably much to lose)? doesn't strike me as much of an "option".

the bottom line is there's not a court in this country that would award specific performance in this situation - not unless we're talking about a truly valuable and unique collectible, which i don't believe is the case. frankly, the notion of the seller pursuing something like this is nothing short of laughable considering the time and expense involved. even if the seller went the small claims route the most he could expect for his time, effort and expense would be a price difference judgment - but good luck even winning that battle.

btw, i wonder if steelpenguin's ebay name is "penguins_steeler" - if so he often lists some very nice items....

...

Since he did not provide any details I have no idea what the item in question is but alot of GU stuff is arguably unique and money would not be the proper remedy. Some of these particular items rarely come onto the market even if they are not that expensive. For example say the item in question was a baseball used in a particular game of historical significance several years ago and it was MLB authenticated and the first such baseball to surface on the market in the past several years. It is only worth a couple of hundred dollars but money would not be an adequate remedy because he cannot go out and buy the item elsewhere. But if the item was an autograph of a living player of which there are 1,000s upon 1,000s on the market at any given time then I would agree with you.

[JasonBanz]

I have once as a seller had to refuse to sell someone the item. In my defense I contacted the buyer hours before the item ended to let him know. The buyer still paid for the item after the auction. He then sent me a message afterwards complaining that he did not get the message. I apologized several times to him and explained the reasoning behind it. Did I like doing that? No. But I had to.

[yankees506]

If i placed a bid on an item and won, i would not rest until i have my item, if you dont want to sell an item below a specific dollar amount then start the auction at that price. The item could be worth $1 or $1000 i would not be content until i got my item. I read an artice a while back in the New York daily news about a guy having to sell a million dollar yacht for 22 euros because he did not set a reserve price, via a quick internet search i found these 2 links: http://www.ybw.com/forums/showthread.php?t=177389 and http://www.thelocal.de/society/20081010-14813.html

Bottom line, you sell it, it sells, its sold

[aeneas01]

If i placed a bid on an item and won, i would not rest until i have my item... The item could be worth $1 or $1000 i would not be content until i got my item.

scenario: you see a soriano game-used bat listed on ebay for a buy-it-now price of $35 instead of $350 (which is clearly what the seller intended based on his past ebay history). you jump on it and immediately pay for it using paypal. the very next day the seller reverses your payment and tells you the bat is no longer available, that it was stolen. you live in new york and he lives in california.

tell me how you would successfully get this bat. be specific. linking to a five-figure german case or a six-figure australian case won't do. i want to know how you, before ever again resting or being content, would successfully get your hands on this bat.

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[skipcarayislegend]

If i placed a bid on an item and won, i would not rest until i have my item, if you dont want to sell an item below a specific dollar amount then start the auction at that price.

Bottom line, you sell it, it sells, its sold

You're missing the point. Bottom line is that people make mistakes and that's what likely happened here. The guy obviously did NOT want to sell it for what it sold for. It was an error. Get over it and move on.

If I jump on a $5 BIN for a g/u Pujols jersey that should've been $5,000 and the seller explains the error to me, I'll rest just fine. Yeah I'll be a little disappointed, but big deal. Put yourself in the seller's shoes. I seriously doubt you'd be quick to give away $500 for $50, etc.

[earlywynnfan]

scenario: you see a soriano game-used bat listed on ebay for a buy-it-now price of $35 instead of $350 (which is clearly what the seller intended based on his past ebay history). you jump on it and immediately pay for it using paypal. the very next day the seller reverses your payment and tells you the bat is no longer available, that it was stolen. you live in new york and he lives in california.

tell me how you would successfully get this bat. be specific. linking to a five-figure german case or a six-figure australian case won't do. i want to know how you, before ever again resting or being content, would successfully get your hands on this bat.

...


Or, what about this scenario: I sold an auto'd baseball on ebay, and the buyer, whom I'd dealt with regularly, paid promptly. When I went to get the ball out to ship, I found that my toddler had markered it all up (I collect handpainted baseballs, and she tried to please me by making it look like all the others.) It was now worthless.

What would you have done to me??

Ken
earlywynnfan5@hotmail.com

[skipcarayislegend]

It was now worthless.

Ken, you meant priceless, right? ;)

[STLHAMMER32]

What about looking at the situation from another perspective. It is very hard to go a week without having a nonpayer on ebay. It is just something i have learned to deal with and accept it as part of the ebay experience. I never get excited about winning an item either until it is in my hands. I have won several very very cheap items that should have sold for much more than my winning bid and I would estimate 60% of the time I actually get the item and the other 40% I get some weird excuse or flat out told it can't be sold that cheap. It is extremely frustrating but part of the ebay experience.

[legaleagle92481]

You're missing the point. Bottom line is that people make mistakes and that's what likely happened here. The guy obviously did NOT want to sell it for what it sold for. It was an error. Get over it and move on.

If I jump on a $5 BIN for a g/u Pujols jersey that should've been $5,000 and the seller explains the error to me, I'll rest just fine. Yeah I'll be a little disappointed, but big deal. Put yourself in the seller's shoes. I seriously doubt you'd be quick to give away $500 for $50, etc.

You guys are too forgiving of sellers. It is the seller's responsibility to make sure the entire listing is accurate including the price before posting it. And the seller should take the loss if there was an error made. Any of us who have sold on Ebay unless we have used reserves and high starting bids has taken a loss at some point. Personally, I auctioned off four marquee items with 25% going to Haiti relief with $9.99 starting bids and incurred losses of 25-75% on each item but I went through with each transaction because it was my obligation to. I had the items listed on here at the same time and the day after the auction ended a member offered to buy one of the items at the price I had listed on here which was 2x what it went for at the auction but i turned him down.

If the shoe was on the other foot how forgiving would the seller be? For example you enter the wrong bid amount or misread the item description or just can no longer afford the item.

[skipcarayislegend]

We're talking about sports memorabilia here, which is why it's not a huge deal for me at the end of the day. There are more important things in life to get worked up about. I get the frustration of "winning" something and not getting it. I just don't get the whole "I won't sleep until I get what I want" mentality here. It's a little overboard. It's not a kidney, it's a cracked bat.

STLHAMMER32 makes a good point too. I've lost track of the number of non-payers I've had to put up with since the feedback system changed. Totally annoying bunch. What about them? Should I pursue my $50 at all costs? Not much difference there, imo. And not a lot can be done about that either.

[yankees506]

Its clear that if someone is so unconcerned with what they are selling that they would put a $35 price tag on a $350 item or $5 for $5000, then they shouldnt have the item to begin with. Im not the person a seller would want this "error" to happen to. There is a thing called small claims court and all id have to do is give the proof and the seller would have to show up where the claim was made, so even if you live in LA and i live in NY i think the seller would just find it more economical to send the item.

[STLHAMMER32]

Its clear that if someone is so unconcerned with what they are selling that they would put a $35 price tag on a $350 item or $5 for $5000, then they shouldnt have the item to begin with. Im not the person a seller would want this "error" to happen to. There is a thing called small claims court and all id have to do is give the proof and the seller would have to show up where the claim was made, so even if you live in LA and i live in NY i think the seller would just find it more economical to send the item.

While winning the case could be simple if you want to take the time to go through the process but actually getting that item is a different story.

[skipcarayislegend]

Its clear that if someone is so unconcerned with what they are selling that they would put a $35 price tag on a $350 item or $5 for $5000, then they shouldnt have the item to begin with. Im not the person a seller would want this "error" to happen to. There is a thing called small claims court and all id have to do is give the proof and the seller would have to show up where the claim was made, so even if you live in LA and i live in NY i think the seller would just find it more economical to send the item.

Wow.

[legaleagle92481]

Wow. Yankees that is extreme. After reading your posts I am done playing devil's advocate and going into the let it go camp (which the two times it has happened to me I have done anyway and one time when the item was a Dominque Wilkens basketball the seller gave me a refund plus a free Dominque Wilkins autographed photo for my troubles which was very cool). If I were you I would safeguard my Ebay user id because everyone on here probably will add you to their blocked bidder list otherwise.

[skipcarayislegend]

If I were you I would safeguard my Ebay user id because everyone on here probably will add you to their blocked bidder list otherwise.

+1

[yankees506]

Im just a person who wont stand for the old bait and switch. I have seen sellers on ebay do this kind of thing to get traffic into their ebay stores and i think its terrible. I dont think the members on this forum would have such brain freezes and not know how much they are listing items for. Also we where talking about all kinds of auctions not just buy it now options. So if i list an arod gu bat and it sells for $100 can i just tell the buyer, sorry try again? Thats not very ethical, as far as being banned, legal your wayyy off and that was kind of a curveball

[earlywynnfan]

Wow. Yankees that is extreme. After reading your posts I am done playing devil's advocate and going into the let it go camp (which the two times it has happened to me I have done anyway and one time when the item was a Dominque Wilkens basketball the seller gave me a refund plus a free Dominque Wilkins autographed photo for my troubles which was very cool). If I were you I would safeguard my Ebay user id because everyone on here probably will add you to their blocked bidder list otherwise.


Funny, I was just about to ask Yankees for his ebay handle so I could block him! On the other hand, it's refreshing to finally meet someone who has never made a mistake in his life.

I keep reading about all the trauma over ebay, and I wonder if I've been blessed. I've sold maybe a thousand autos plus some other items in the past year. I had the mail lose exactly 1 item. I've had exactly 1 non-payer. And I've had 2 idiots who couldn't read and decided to slam me with negatives. On the other hand I've had 3 items returned, one because PSA deemed it a forgery (which made me laugh because it came from a large lot with a blanket LOA from -- wait for it -- PSA!), one because the buyer didn't want it and I didn't feel like arguing, and one because I didn't describe it as well as I should've. Overall, I'm quite happy with the ebay experience so far.

Oh, yeah, and I had one buyer I had to refund money to because I have a newly decorated ball, and yes, it's "priceless" to me!

Ken
earlywynnfan5@hotmail.com

[eisenreich8]

Im just a person who wont stand for the old bait and switch. I have seen sellers on ebay do this kind of thing to get traffic into their ebay stores and i think its terrible. I dont think the members on this forum would have such brain freezes and not know how much they are listing items for. Also we where talking about all kinds of auctions not just buy it now options. So if i list an arod gu bat and it sells for $100 can i just tell the buyer, sorry try again? Thats not very ethical, as far as being banned, legal your wayyy off and that was kind of a curveball

Members of this forum are human and would be inclined to make human errors. The point is most eBayers are NOT members of this forum. There is more than a dash of dirtbag in the eBay community, and ethics is a confusing term in relation to many eBayers and in life in general.

In other words, if you dropped your wallet in a room full of 100 GUU forum members, I firmly believe you would have an excellent chance of having it returned to you. If you dropped your wallet in a room full of eBayers, strangers, card dealers, your high school reunion, etc etc., well, good luck.

I, too, don't count my chickens before they're hatched. When the item arrives at my office (to keep the wife's suspicions at bay) I see if I got a decent deal.

I once listed an expensive emerald ring on Ebay for my wife and just plain dumbed out, did not put a reserve. This stuff happens. A woman emailed us right away and mentioned the lack of a reserve. She could have, but did not, take advantage of our mistake.

I am glad you apparently were raised with ethical principles, as was I. But now, at the age of 50, I am just a wee bit more cynical (and a damn sight more forgiving) when it comes to things like GU items, or Pez, or NASCAR diecast, or whatever else one would collect.

Grace and patience can be conditioned into one with age and experience. Don't drop your expectations of yourself, but don't try to reform the world as you will just buy yourself a whopping dose of frustration and discouragement. Don't forget, eBay is a relatively new phenomenon and people are constantly coming and going, and many, many members perhaps do not have the agility with setting up auctions as you possess or expect. Or the integrity that you seek.

I had a guy buy a $250 fish finder from me a few months ago and he emailed me after he won the auction to claim that he had just lost his job. Was I upset? Yes, for about 30 seconds. But I had a second chance offer and that person accepted the deal. The guy who backed out? It was just his BID, not cash in my hand. Not the real deal. Just his bid. Fantasy. So, the check I received in place of his bid was what I sold it for.

It's just eBay. It feeds your interest/addiction/hobby and is a wonderful way to accumulate anything. How in God's name did we ever put a set of cards together before 1997 or so? Travel from card shop to card shop and show to show, eating up your weekends on elusive searches. Now it's the click of a mouse. That, I believe, has entitled people to feel that they can never be screwed or betrayed or hustled. It ain't gonna happen.

[yankees506]

[quote=eisenreich8;203067]Members of this forum are human and would be inclined to make human errors. The point is most eBayers are NOT members of this forum. There is more than a dash of dirtbag in the eBay community, and ethics is a confusing term in relation to many eBayers and in life in general.

In other words, if you dropped your wallet in a room full of 100 GUU forum members, I firmly believe you would have an excellent chance of having it returned to you. If you dropped your wallet in a room full of eBayers, strangers, card dealers, your high school reunion, etc etc., well, good luck.

Well said and agreed

[aeneas01]

Its clear that if someone is so unconcerned with what they are selling that they would put a $35 price tag on a $350 item or $5 for $5000, then they shouldnt have the item to begin with.

no offense, but that's just crazy talk and makes no sense whatsoever...


Im not the person a seller would want this "error" to happen to.

sure you are, you just don't know it - you would be just as powerless to do anything about as anyone else.


There is a thing called small claims court and all id have to do is give the proof and the seller would have to show up where the claim was made, so even if you live in LA and i live in NY i think the seller would just find it more economical to send the item.

you have that backwards my friend, you're the one that would have to travel to the seller's state in order to file your small claims complaint. if you tried filing in your state the seller would just have it successfully dismissed given jurisdiction limitations.

so, again, tell me how you would successfully get this bat. be specific - tell me how, before ever again resting or being content, you would successfully get your hands on this bat. you couldn't - not if the seller didn't want to give it up.

the bottom line is legal recourse is not an option in such a situation, at least not a viable (i.e, economically feasible) option. folks love to say "i'll sue" at the drop of a hat - sounds tough, sounds like they mean business. but in most small dollar amount cases, it's all bark and no bite - and most ebay sellers know it.

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[gingi79]

I've sold maybe a thousand autos plus some other items in the past year. I had the mail lose exactly 1 item. I've had exactly 1 non-payer. And I've had 2 idiots who couldn't read and decided to slam me with negatives.

Ken, I just had to say you haven't been blessed, you've dealt with the Saints, Arch-Angels, Cherubs and maybe even Jesus himself. 1000 sales and 1 non-bidder in a year?
Holy cow! That's incredible!
I have had dozens of non-bidders, deadbeats and liars in my time and that's hundreds of items over a 10 year period, man! Good for you, I'm jealous.

Now back to our regularly scheduled complaining already in progress.

[yankees506]

no offense, but that's just crazy talk and makes no sense whatsoever...



sure you are, you just don't know it - you would be just as powerless to do anything about as anyone else.



you have that backwards my friend, you're the one that would have to travel to the seller's state in order to file your small claims complaint. if you tried filing in your state the seller would just have it successfully dismissed given jurisdiction limitations.

so, again, tell me how you would successfully get this bat. be specific - tell me how, before ever again resting or being content, you would successfully get your hands on this bat. you couldn't - not if the seller didn't want to give it up.

the bottom line is legal recourse is not an option in such a situation, at least not a viable (i.e, economically feasible) option. folks love to say "i'll sue" at the drop of a hat - sounds tough, sounds like they mean business. but in most small dollar amount cases, it's all bark and no bite - and most ebay sellers know it.

...


I dont sell any of my items so i dont know why im feeling people taking offence, and sir you may want to check your facts. but this is not about personal feelings, my opinion was simply that if you decide to sell an item via the auction format you have decided to let others tell you what they will pay for your item, and i dont think its right for a seller to get my hopes up and then pull the rug from under me. If i win an auction it is mine, if not then why is there ebay or any other auction format anyway??? I have never seen a major action house with a disclaimer that "if you win an auction it is not yours unless we are happy with the price". Just set a reserve and thats the only way i would understand. And we all know that ebay is big flea market, you win some and you lose a bunch. If i do sell anything i think its safer to stick with a bin.

[aeneas01]

If i win an auction it is mine...

nope, not necessarily.


if not then why is there ebay or any other auction format anyway??? I have never seen a major action house with a disclaimer that "if you win an auction it is not yours unless we are happy with the price".

ebay is not a major auction house nor are they auctioneers.


If i do sell anything i think its safer to stick with a bin.

careful where you put that decimal point...

...

[yankees506]

[quote=aeneas01;203169]nope, not necessarily.
How is it not mine if i win it?


ebay is not a major auction house nor are they auctioneers.
Ebay is an auction vehicle, your selling your item via an auction


careful where you put that decimal point...
You get three chances to review your listing, dont think i can make 3 mistakes at once

[aeneas01]

How is it not mine if i win it?

the same way the cash isn't yours if you win a bet and then a deadbeat stiffs you, the same way the prom queen isn't yours after you win her heart and then she dumps you, the same way the arod bat isn't yours after you win it on ebay for next to nothing and then the seller ignores you - of course you could spend the rest of your life telling folks that this stuff is yours but at some point, i would think, you would want to face reality and just get on with your life....


Ebay is an auction vehicle, your selling your item via an auction

that's exactly right - you are selling your item using an auction format, not ebay. so, again, ebay is not an auction house nor are they auctioneers.


You get three chances to review your listing, dont think i can make 3 mistakes at oncetime will tell....

...

[yankees506]

the same way the cash isn't yours if you win a bet and then a deadbeat stiffs you, the same way the prom queen isn't yours after you win her heart and then she dumps you, the same way the arod bat isn't yours after you win it on ebay for next to nothing and then the seller ignores you - of course you could spend the rest of your life telling folks that this stuff is yours but at some point, i would think, you would want to face reality and just get on with your life....

...

Huh?? A person who would sell an item then decide not to complete the transaction is shady in my opinion. Like i said before, dont sell an item via an auction if your not gonna sell it, that smells of an indian giver and nobody likes that

[ferro39]

when people are listing laundry lists of items, they're bound to make mistakes. it's part of life

a couple of years ago, i bought a gamer with a BIN of $200 or $300, which was an amazing price for a piece. being a half glass empty guy by nature, i had my suspicions. as it turned out, the guy forgot to tack a 1 onto the front of his price. he explained the situation and i was fine with getting a refund.

people need to use common sense when dealing with things like this. i mean, do you really want to take a guy to small claims court because he made a mistake that any of us could have made? i dont think so

or if you feel it necessary to make an example out of someone, why not go after an obvious d0uche--like someone who just isnt happy with the final selling price and wants an out?

the OP said that the guy made a mistake.

people make mistakes.

move on.

[skipcarayislegend]

Yankees506, curious how old you are. Would you mind sharing your ebay id?

[cohibasmoker]

Huh?? A person who would sell an item then decide not to complete the transaction is shady in my opinion. Like i said before, dont sell an item via an auction if your not gonna sell it, that smells of an indian giver and nobody likes that

You are absolutely correct but in reality, what can you do? Absolutely nothing. eBay does have it's pitfalls but one thing is certain, whatever we are looking for, sooner or later, it will show up on eBay.

Just my opinion - hope I didn't offend anyone.

Jim

flaa1a@comcast.net

[5kRunner]

I've never read the legal mumbo jumbo on ebay, but you CANNOT enforce a contact in which a reasonable person would have recognized the price was a mistake. If the price was an honest mistake (the orig poster recognized it as a possible error), you cannot take advantage of the seller and force him to sell it at that price.

If the price tag on a new BMW says $4,000 and it should have been $40,000, you can't force the car dealer to sell you the car for $4k because a reasonable person would have known a new BMW would cost more than $4k.

[rose14]

I think the seller should man up and honor the sale. If were talking a couple of hundred dollars he should honor the sale. He listed it as a BIN and screwed up. Now if he listed something for $1,000 and it should have been $10,000 it's another story and he should explain himself.

I have listed an item before with a reserve and it was bid up to $800 and didn't meet the reserve. I put it back on Ebay the next week and it only brought $126. I could have easily cancelled the auction, made up a story but I honored the deal even though I lost over $500 dollars that I had invested in the item. It is the sellers responsibility, especially with a BIN that it's correct before hitting the submit button.

[MarinersFan34]

Ebay makes it OK for Buyer to retract bids because they made a "mistake".

I'm in the crowd that's forgiving of sellers making listing mistakes. eBay clearly leaves the door open on this because if a buyer can retract a bid for a "mistake", then a seller should have that same right. If the seller cannot retract the sale on a price/listing mistake, EVERY bidder should be held finacially responsible for EVERY bid that is made using their account even if it's their kid bidding as a joke. Your kid bid 50k on something, own up to it, it's your debt now!

[eisenreich8]

Ebay makes it OK for Buyer to retract bids because they made a "mistake".

I'm in the crowd that's forgiving of sellers making listing mistakes. eBay clearly leaves the door open on this because if a buyer can retract a bid for a "mistake", then a seller should have that same right. If the seller cannot retract the sale on a price/listing mistake, EVERY bidder should be held finacially responsible for EVERY bid that is made using their account even if it's their kid bidding as a joke. Your kid bid 50k on something, own up to it, it's your debt now!


Couldn't agree more with every point you made!

Balance.

[lowell25]

I just had a silimiar issue. I just won a Mike Cameron game used bat from MASAUCTION on ebay. I went to pay today for it and it was removed from my win column. I emailed them and haven't heard anything. I didn't receive any info why they removed it, WTF. Anyone deal with MASAUCTION out of Milwaukee before.:confused:

[lowell25]

Masauctions Emailed Me And Now Sending Out My Bat. They Couldn't Figure Out What Happened. Sorry.:(

[BergerKing22784]

Glad I just read 6 pages of back and fourth arguing yet we still do not know the item in question, the price it sold for etc....

If its an honest mistake you got to let it go...


I will agree that it does suck though when sellers backout when they just wernt happy with the price the item sold for. The seller took the risk of not starting it at the lowest price they wanted or when they dont put a reserve on the item because they know it keeps people from bidding (such as myself wont really bid on items with reserves) Item ends for a really low price and than they are like screw that I am not selling it for that!

[tknorm]

Lowell25-glad it wokred out. I also collect Mike Cameron items, so e-mail me if you want to compare notes. I'd be interested to know what all you have.

thomaskirk @ Cinci.rr.com