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]

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

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]

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

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]

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

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]

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

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]

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

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]

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

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]

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

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]

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

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]

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

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...


...

[legaleagle92481]

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

very well put.



again, well put...



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


...

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]

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

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...

.

[eisenreich8]

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

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]

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

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


...

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

[soxbats]

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

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.