Ebay Seller doesn't want to sell me the item I've won
Discussion
I won an item on Sunday night after a boozy eBay session. Final bid £200 and it's worth about £1100 new. The listing wasn't very detailed for the type of item and after winning I was worried I might have bought a fake. I did some research online and found ways to authenticate it. I also found out I'd be able to get a refund from eBay.
I paid using paypal last night and shortly afterward the seller sends me this email shortly followed by a refund.
"I am not selling the item anymore, I thought I cancelled it. I need to refund you."
This makes me think it is genuine and I'm pretty sure he's disappointed that he didn't achieve a good price... Of course, that's the risk you take and he could always have set a higher starting price or reserve.
Now, I really want this item and am not happy with a refund. As far as I'm concerned its a binding contract in the same way that I can't back out of buying things. What can I realistically do? The problem is that eBay can't force him to sell it to me and many sellers get away with this saying they lost or damaged items before posting them. So that's out.
I bought and paid for something so I would like to get it or a replacement - is this reasonable from a legal perspective? I haven't suffered a loss and the money is back in my paypal account. I imagine I could take him to small claims court but obviously I'm not going to pay a lawyer to fight over 200 pounds. If it's an open and shut case and I don't have to pay I would be very pleased but somehow I doubt it.
Clearly IANAL so I would appreciate some opinions even if it's just to tell me that I'm being ridiculous - I probably am but if my suspicions are correct, that's seriously bad form from the seller and it really f
ked me off last night!
Edited to add what a rant... hope someone's read this far
I paid using paypal last night and shortly afterward the seller sends me this email shortly followed by a refund.
"I am not selling the item anymore, I thought I cancelled it. I need to refund you."
This makes me think it is genuine and I'm pretty sure he's disappointed that he didn't achieve a good price... Of course, that's the risk you take and he could always have set a higher starting price or reserve.
Now, I really want this item and am not happy with a refund. As far as I'm concerned its a binding contract in the same way that I can't back out of buying things. What can I realistically do? The problem is that eBay can't force him to sell it to me and many sellers get away with this saying they lost or damaged items before posting them. So that's out.
I bought and paid for something so I would like to get it or a replacement - is this reasonable from a legal perspective? I haven't suffered a loss and the money is back in my paypal account. I imagine I could take him to small claims court but obviously I'm not going to pay a lawyer to fight over 200 pounds. If it's an open and shut case and I don't have to pay I would be very pleased but somehow I doubt it.
Clearly IANAL so I would appreciate some opinions even if it's just to tell me that I'm being ridiculous - I probably am but if my suspicions are correct, that's seriously bad form from the seller and it really f
ked me off last night!Edited to add what a rant... hope someone's read this far
jkw said:
I won an item on Sunday night after a boozy eBay session. Final bid £200 and it's worth about £1100 new. The listing wasn't very detailed for the type of item and after winning I was worried I might have bought a fake. I did some research online and found ways to authenticate it. I also found out I'd be able to get a refund from eBay.
I paid using paypal last night and shortly afterward the seller sends me this email shortly followed by a refund.
"I am not selling the item anymore, I thought I cancelled it. I need to refund you."
This makes me think it is genuine and I'm pretty sure he's disappointed that he didn't achieve a good price... Of course, that's the risk you take and he could always have set a higher starting price or reserve.
Now, I really want this item and am not happy with a refund. As far as I'm concerned its a binding contract in the same way that I can't back out of buying things. What can I realistically do? The problem is that eBay can't force him to sell it to me and many sellers get away with this saying they lost or damaged items before posting them. So that's out.
I bought and paid for something so I would like to get it or a replacement - is this reasonable from a legal perspective? I haven't suffered a loss and the money is back in my paypal account. I imagine I could take him to small claims court but obviously I'm not going to pay a lawyer to fight over 200 pounds. If it's an open and shut case and I don't have to pay I would be very pleased but somehow I doubt it.
Clearly IANAL so I would appreciate some opinions even if it's just to tell me that I'm being ridiculous - I probably am but if my suspicions are correct, that's seriously bad form from the seller and it really fked me off last night!
Edited to add what a rant... hope someone's read this far
No advice other than that this isn't about £200 is it? It's about £900 loss of likely profit.I paid using paypal last night and shortly afterward the seller sends me this email shortly followed by a refund.
"I am not selling the item anymore, I thought I cancelled it. I need to refund you."
This makes me think it is genuine and I'm pretty sure he's disappointed that he didn't achieve a good price... Of course, that's the risk you take and he could always have set a higher starting price or reserve.
Now, I really want this item and am not happy with a refund. As far as I'm concerned its a binding contract in the same way that I can't back out of buying things. What can I realistically do? The problem is that eBay can't force him to sell it to me and many sellers get away with this saying they lost or damaged items before posting them. So that's out.
I bought and paid for something so I would like to get it or a replacement - is this reasonable from a legal perspective? I haven't suffered a loss and the money is back in my paypal account. I imagine I could take him to small claims court but obviously I'm not going to pay a lawyer to fight over 200 pounds. If it's an open and shut case and I don't have to pay I would be very pleased but somehow I doubt it.
Clearly IANAL so I would appreciate some opinions even if it's just to tell me that I'm being ridiculous - I probably am but if my suspicions are correct, that's seriously bad form from the seller and it really f
ked me off last night!Edited to add what a rant... hope someone's read this far
Edited by Rude-boy on Friday 10th October 13:32
Sorry I forgot to add that the item is used and similar listings seem to be about £600-800. Who knows they may have gotten a better offer somewhere else but they never mentioned anything in the listing or by email. The first I heard of any of this bs was after I paid.
Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
This happens a lot on ebay unfortunately, judging by some of the threads in ebay's forums.
I don't know about the legal side.
Ebay will not and cannot force the seller to sell to you, as you rightly say. As disappointing as it is, I would just accept that you aren't going to get the item and not waste any more of your time chasing. I would however report the seller as a non-performing seller in ebay. This will give him a strike on his account so will put him on shaky ground with ebay if he does it again (he might not care about this but if he's a regular seller it will be a blow).
Sorry I can't offer any better advice.
I don't know about the legal side.
Ebay will not and cannot force the seller to sell to you, as you rightly say. As disappointing as it is, I would just accept that you aren't going to get the item and not waste any more of your time chasing. I would however report the seller as a non-performing seller in ebay. This will give him a strike on his account so will put him on shaky ground with ebay if he does it again (he might not care about this but if he's a regular seller it will be a blow).
Sorry I can't offer any better advice.
jkw said:
Sorry I forgot to add that the item is used.
Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
Now you're stretching it too far.Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
Your 'contract' is to buy that particular item, not one of those particular items.
For example, you've agreed to buy that Sony TV, not a Sony TV
Ergo, if that item is damaged or similar he can justifiably not supply it to you and issue a refund.
I'd leave it. By far the most likely scenario is that he will just declare it damaged or similar and you'll have wasted a lot of time.....
As annoying as it may be and as much as you feel hard done by in regards to missing out on a potential bargain, clearly you will never get hands on the item.
You cannot really argue that you have now missed the chance to purchase another one at a similar price due to the seller messing you about, you could waste a lot of effort on trying to take him to court but in the real world just make yourself whole again with a refund of the £200 and move on with your life.
You cannot really argue that you have now missed the chance to purchase another one at a similar price due to the seller messing you about, you could waste a lot of effort on trying to take him to court but in the real world just make yourself whole again with a refund of the £200 and move on with your life.
Muzzer79 said:
jkw said:
Sorry I forgot to add that the item is used.
Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
Now you're stretching it too far.Surely once the contract is completed with the agreed terms it is binding? Technically the guy is breaching contract and owes me a replacement even if he has lost or sold my property? Should I reply to him saying I decline the refund?
Your 'contract' is to buy that particular item, not one of those particular items.
For example, you've agreed to buy that Sony TV, not a Sony TV
Ergo, if that item is damaged or similar he can justifiably not supply it to you and issue a refund.
.....
What would you do if you were the seller and had unwittingly undersold the item? Remember there's potientally a £900 loss you're about to make.
You're annoyed because you thought you'd got one over on the seller; the seller is probably anxious and relieved that he's avoided being fleeced and will resolve to be more diligent next time.
You weren't as lucky or clever as you thought, chalk it up to experience and forget about it.
You're annoyed because you thought you'd got one over on the seller; the seller is probably anxious and relieved that he's avoided being fleeced and will resolve to be more diligent next time.
You weren't as lucky or clever as you thought, chalk it up to experience and forget about it.
Edited by Phil303 on Friday 10th October 14:31
Breadvan72 said:
Can you explain why it is nonsense to say that a contract is legally binding? I don't think that the OP should sue, as life is too short for such stuff, but he could do so and most likely win if he wanted to.
How robust are the ebay terms and conditions though? I know ebay say 'a bid is a legally binding contract', but just because they say it is doesn't make it so.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff