Ebay - Can a seller cancel after an auction

Ebay - Can a seller cancel after an auction

Author
Discussion

jjr1

Original Poster:

3,023 posts

261 months

Wednesday 1st October 2014
quotequote all
Can a seller cancel an auction after it completes because he says he meant to have a reserve of £295? The item sold for £175

JustinP1

13,330 posts

231 months

Wednesday 1st October 2014
quotequote all
Legally, the item is sold.

Are you going to enforce it?

If not, just be nasty for a bit to see if he does the right thing, if not, move on.

paintman

7,692 posts

191 months

Wednesday 1st October 2014
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If you decide to try & do anything about it they will no doubt claim that the item is now lost/damaged/the dog ate it etc etc.
Problem with ebay, too many idiots.

jjr1

Original Poster:

3,023 posts

261 months

Thursday 2nd October 2014
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Thank you for the responses above. I guessed that I would have no come back and could not force the seller but I was looking for an angle to inconvenience him.

Making him pay the final sellers fee because I refuse to cancel the auction is a top one. Thanks.

SistersofPercy

3,355 posts

167 months

Thursday 2nd October 2014
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Make sure you leave a factual neg, something simple like 'refused to sell for final price' and then leave one single star in every category. As has been said above do not agree to a mutual cancellation and hit him with the fees and just for the hell of it file a 'non performing seller' report with eBay as well.

jjr1

Original Poster:

3,023 posts

261 months

Thursday 2nd October 2014
quotequote all
SistersofPercy said:
Make sure you leave a factual neg, something simple like 'refused to sell for final price' and then leave one single star in every category. As has been said above do not agree to a mutual cancellation and hit him with the fees and just for the hell of it file a 'non performing seller' report with eBay as well.
You are properly evil like Darth Vader. Will do all of the above, thanks.

liner33

10,695 posts

203 months

Thursday 2nd October 2014
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Seller can get around it by saying the item got damaged whilst packing and cancel with no repercussions. Done it myself

Durzel

12,276 posts

169 months

Thursday 2nd October 2014
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boxedin

eBay don't exactly make it easy to sell with a reserve though. It's ridiculously expensive for one thing. Last I checked it was ~£18 for a auction with a reserve of £400.

The only mistake this guy made is not getting one of his mates to shill bid up his auction like 99% of people who "no reserve, 1p start!" people do.

friggs

41 posts

141 months

Thursday 2nd October 2014
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Depends on the seller, I won a set of headlight the other week, brand new GM parts, £6 odd, his brother refused to post or collection, started a non performing seller, picked them up the next day.

Comical thing was they had been listed wrong, they weren't astra lights but zafira instead, still sell on for more I suppose...

DrDoofenshmirtz

15,246 posts

201 months

Thursday 2nd October 2014
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JustinP1 said:
Legally, the item is sold.

Are you going to enforce it?

If not, just be nasty for a bit to see if he does the right thing, if not, move on.
Legally? really?
Surely for it to be legal, there would have to be some sort of signed agreement between the buyer - eBay - seller?
Surely it's no more legally binding than me telling you I'll pay you £2 for each reply you make in this thread?

nitrodave

1,262 posts

139 months

Thursday 2nd October 2014
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the seller doesn't have to go through with the sale and ebay doesn't care - they still get their listing fees.

forget about it and move on

Centurion07

10,381 posts

248 months

Thursday 2nd October 2014
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DrDoofenshmirtz said:
JustinP1 said:
Legally, the item is sold.

Are you going to enforce it?

If not, just be nasty for a bit to see if he does the right thing, if not, move on.
Legally? really?
Surely for it to be legal, there would have to be some sort of signed agreement between the buyer - eBay - seller?
Surely it's no more legally binding than me telling you I'll pay you £2 for each reply you make in this thread?
IANAL but I'm fairly sure JustinP1 is right. I'm also sure he'll be along soon enough to give the actual legal explanation of why. For which you will owe him £2. wink

JustinP1

13,330 posts

231 months

Thursday 2nd October 2014
quotequote all
DrDoofenshmirtz said:
JustinP1 said:
Legally, the item is sold.

Are you going to enforce it?

If not, just be nasty for a bit to see if he does the right thing, if not, move on.
Legally? really?
Surely for it to be legal, there would have to be some sort of signed agreement between the buyer - eBay - seller?
Surely it's no more legally binding than me telling you I'll pay you £2 for each reply you make in this thread?
Oooh a Contract Law 101 flashback - contract myths edition.

When did you last sign an agreement when you filled your car up with fuel, or jumped in a taxi, or bought some tools from B&Q?

And Centurion is right. If you offer that you will pay me £2 for each one of my informative replies, and I accept, then we have a contract which is just as legally binding as one signed on parchment with goat's blood and witnessed by the Queen.

For a contract, you need three things: an offer, 'consideration', and acceptance. Your offer would be your post, the consideration is £2 for my post, and my acceptance would be my post in return confirming.

Edited by JustinP1 on Thursday 2nd October 13:26

Lurking Lawyer

4,534 posts

226 months

Thursday 2nd October 2014
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JustinP1 said:
For a contract, you need three things: an offer, 'consideration', and acceptance. Your offer would be your post, the consideration is £2 for my post, and my acceptance would be my post in return confirming.
And an intention to create legal relations.....

Which may well be lacking in your example! wink

SistersofPercy

3,355 posts

167 months

Thursday 2nd October 2014
quotequote all
Durzel said:
boxedin

eBay don't exactly make it easy to sell with a reserve though. It's ridiculously expensive for one thing. Last I checked it was ~£18 for a auction with a reserve of £400.

The only mistake this guy made is not getting one of his mates to shill bid up his auction like 99% of people who "no reserve, 1p start!" people do.
It's not difficult though, if you don't want to pay for the reserve then start the item at the lowest price you'd take for it.


JustinP1

13,330 posts

231 months

Thursday 2nd October 2014
quotequote all
Lurking Lawyer said:
JustinP1 said:
For a contract, you need three things: an offer, 'consideration', and acceptance. Your offer would be your post, the consideration is £2 for my post, and my acceptance would be my post in return confirming.
And an intention to create legal relations.....

Which may well be lacking in your example! wink
Oh yes - I agree that the post that was actually made did not do this. smile

Which is why I specified:

JustinP1 said:
If you offer that you will pay me £2 for each one of my informative replies...

Fastpedeller

3,875 posts

147 months

Thursday 2nd October 2014
quotequote all
SistersofPercy said:
Durzel said:
boxedin

eBay don't exactly make it easy to sell with a reserve though. It's ridiculously expensive for one thing. Last I checked it was ~£18 for a auction with a reserve of £400.

The only mistake this guy made is not getting one of his mates to shill bid up his auction like 99% of people who "no reserve, 1p start!" people do.
It's not difficult though, if you don't want to pay for the reserve then start the item at the lowest price you'd take for it.
I've been doing exactly that when selling some items which are very specialist in case someone puts a sniper on and is the only small bid.

JustinP1

13,330 posts

231 months

Thursday 2nd October 2014
quotequote all
Fastpedeller said:
SistersofPercy said:
Durzel said:
boxedin

eBay don't exactly make it easy to sell with a reserve though. It's ridiculously expensive for one thing. Last I checked it was ~£18 for a auction with a reserve of £400.

The only mistake this guy made is not getting one of his mates to shill bid up his auction like 99% of people who "no reserve, 1p start!" people do.
It's not difficult though, if you don't want to pay for the reserve then start the item at the lowest price you'd take for it.
I've been doing exactly that when selling some items which are very specialist in case someone puts a sniper on and is the only small bid.
My personal experience over a number of years and literally over a hundred items is that on average you'll obtain a lower selling price if you start at a higher start price, and you'll massacre interest if you put a reserve on.

Think about it from the potential buyer's perspective. Out of a sea of options, do they watch the item with an unknown reserve on which may be unrealistic so a waste of time, or watch the item with a start price which is probably around or a little over what they want to pay anyway.

No - they want to catch a bargain so they'll watch the items that are still at a bargain price.

The key is watchers. The more people that watch, the more people bid. The more bids, the more chance of a bidding war in the last few minutes so the item they have bid on is not 'lost'. That, psychologically is more painful than not bidding at all, so they'll end up bidding higher than they initially would have liked.

CMYKguru

3,017 posts

176 months

Thursday 2nd October 2014
quotequote all
No, but they will.

Amount of times i've bought an item very cheaply only to get a message such as

'my child puked on it' or 'fell off a shelf in my garage so i binned it'

ebay are useless so obviously don't help from them because i've found out in life there is 'common sense' and the 'ebay way'

Fastpedeller

3,875 posts

147 months

Thursday 2nd October 2014
quotequote all
JustinP1 said:
My personal experience over a number of years and literally over a hundred items is that on average you'll obtain a lower selling price if you start at a higher start price, and you'll massacre interest if you put a reserve on.

Think about it from the potential buyer's perspective. Out of a sea of options, do they watch the item with an unknown reserve on which may be unrealistic so a waste of time, or watch the item with a start price which is probably around or a little over what they want to pay anyway.

No - they want to catch a bargain so they'll watch the items that are still at a bargain price.

The key is watchers. The more people that watch, the more people bid. The more bids, the more chance of a bidding war in the last few minutes so the item they have bid on is not 'lost'. That, psychologically is more painful than not bidding at all, so they'll end up bidding higher than they initially would have liked.
I don't disagree if it's a popular item, but in the case of a specialist item I think it's too risky to start off too low. To a large extent (IMHO) if it's a SPECIALIST item, then an interested buyer knows what they want to pay, and it likely to be the only bidder. I agree it's tricky balance, but if I want to be a good seller (and not withdraw item after sale) then I'd rather just advertise it at my price and have a long wait until it sells (Maybe I'm too cautious?).