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Old 11-11-2004, 04:34 PM   #1 (permalink)
Getting Medieval on your ass
 
Coppertop's Avatar
 
Location: 13th century Europe
ebay help needed

My girlfriend posted her car for sale on ebay. The reserve price was met. 45 minutes before the auction ends, a new bid is placed by Mr. S. Mr. S ends up winning the auction by outbidding the previous bidder $50. My girl contacts Mr. S about his having won the auction. He now claims that he does not intend on buying the car until he can test drive it. Keep in mind that my girl posted the car exactly as it is (no deception on her part) and that the auction winner purchases it as is. The car functions perfectly and only has some minor cosmetic flaws. Mr. S actually claimed that he didn't intend to win the auction and would have bid on another car if he thought he would win. Keep in mind he bid 45 minutes before the auction closed.

Mr. S lives in another part of the state from us. Not too terrible a burden to drive, but certainly a reasonable distance to drive for him to get the car. The auction included the stipulation that the buyer is responsible for getting the car to them (pick up, delivery service, whatever). He claims that he works 7 days a week and is unable to come to our city to get the car, even if he were to buy it.

Now, my understanding is that winning bidders on ebay are legally bound to purchase the car as long as it is as advertised (which it is). We've contacted ebay about the situation and they merely suggest reposting it for another auction. This seems like a copout to me. Seeing as how my girl did everything she was supposed to do, isn't there anything else that is open to us? We really cannot afford a lawyer or anything like that.

Maybe when I get home from work I'll post the emails exchanged between them. Man, we're hella frustrated at this point. Help!
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Old 11-11-2004, 04:39 PM   #2 (permalink)
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Location: Rochester, NY
usually when the high bidder refuses to pay on ebay you contact the 2nd highest bidder asking if they would like the item. I don't believe there is any legal way to make Mr. S purchase the car, but i'm not a lawyer. Ebay may let you repost it for free even if you tell them the situation.
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Old 11-11-2004, 04:46 PM   #3 (permalink)
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People like that make me want to teach them a valuable life lesson. The hard way.
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Old 11-11-2004, 04:53 PM   #4 (permalink)
....is off his meds...you were warned.
 
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Location: The Wild Wild West
yup, as mentioned above, do a second chance offer to the next bidder.

email this guy and tell him that he should've asked before the auction ended.

I have found that people that pull this BS after the auction tend to continue to be a pain-in-the-ass and aren't worth the trouble.
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Old 11-11-2004, 05:56 PM   #5 (permalink)
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make sure you leave feedback for the bidder -- but that's probably your only recourse.
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Old 11-11-2004, 05:59 PM   #6 (permalink)
Getting Medieval on your ass
 
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Location: 13th century Europe
Yeah, I'm begining to think that leaving this guy in the past is the best option. I just get frustrated at how people act when the can hide behind the anonymity of the internet. People never cease to amaze me.
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Old 11-11-2004, 06:56 PM   #7 (permalink)
....is off his meds...you were warned.
 
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Location: The Wild Wild West
be careful with the whole "negative" feedback thing.

Sure, you may be able to leave feedback that he is a jerk, loser, whatever.

He is also free to write whatever he wants about you as well--true or not.

I have found it best to not leave feedback in a case like this. They won't say shit knowing that you still have the option of slamming them as well.

It's kinda like your ace-in-the-hole. I never, ever leave feedback first, whether I am the seller or the buyer (I have an HTML auction page that has info like this in BIG BOLD letters--anyone has a question, I refer them to the auction. If I have to explain why, they usually understand)
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Old 11-12-2004, 05:16 AM   #8 (permalink)
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Location: You don't want to live here
eBay. It can be the greatest thing in the world and then the pit of human misery.

Go through all the right channels. GO through the multiple payment requests from eBay and explain that the bid is binding and any questions should have been asked before bidding. In the meantime contact that runner up ASAP. You can't just pull the rug out from under the high bidding douchebag, you have to give him the eBay required window.

Check eBay auto policies on the website too, as they may be different from general merchandise. Keep us posted too!
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Old 11-12-2004, 06:46 AM   #9 (permalink)
Tilted
 
Location: Germany
I have a different question about Ebay, but I don`t want to open a new thread:

Is it true that if you wait 89 days 23 hours and 59 minutes after the ending of an item
and give a negative feedback the buyer/seller has no possibility to comment on that one?
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Old 11-12-2004, 07:58 AM   #10 (permalink)
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Location: Massachusetts, USA
Quote:
Originally Posted by Coppertop
Now, my understanding is that winning bidders on ebay are legally bound to purchase the car as long as it is as advertised (which it is). We've contacted ebay about the situation and they merely suggest reposting it for another auction. This seems like a copout to me. Seeing as how my girl did everything she was supposed to do, isn't there anything else that is open to us? We really cannot afford a lawyer or anything like that.

Maybe when I get home from work I'll post the emails exchanged between them. Man, we're hella frustrated at this point. Help!
Contact eBay. Tell them you want to start action against this idiot. He won the auction. By bidding, he agreed to buy it if he won it. That's all. No further qualification is allowed, unless he cleared it with your woman first. He's violating eBay's terms. Contact them. Worst that will happen is they'll terminate him. Best, they'll force him to finish the purchase.

Here's the text given on confirming a bid, at least for normal items:
Quote:
You are agreeing to a contract -- You will enter into a legally binding contract to purchase the item from the seller if you're the winning bidder. You are responsible for reading the full item listing, including the seller's instructions and accepted payment methods. Seller assumes all responsibility for listing this item.
He's in violation of contract. Have eBay nail his hide to the door.
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Old 11-12-2004, 09:03 AM   #11 (permalink)
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Location: Green Bay, WI
Yeah, this doesn't really relate, but I had perfect positive feedback on Ebay, until some prick sold me a piece of shit PDA. I contacted him and told him that the screen was busted, I was missing the power cord, as well as the memory and stylus. I basically told him I either wanted a working one, as advertised, with all the parts, or a refund. I also told him that I would be happy to ship the one I recieved back, providing he would pay for it.

So, after many unreturned emails, I leave negative feedback on him. The only email I ever got from him was "Thankx for neg feed"

Of course, the prick-bastard leaves me negative feedback as well. The silly thing is, it's negative, but all it says is "When I shipped it was fine?"

Grrr... makes me angry thinking about it...

Anyway, ebay was none-to-helpful with removing that feedback, as it's against their policy.

I suppose the moral of this story is that they are likely to leave revenge feedback... at least some of them
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Old 11-12-2004, 09:12 AM   #12 (permalink)
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Location: Massachusetts, USA
NoSoup, don't sweat it. Smart people check the feedback of sellers and note any negatives. If negatives aren't such that can be explained away, and the people who left them look reasonable from their own feedback, then that seller will be ignored.
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Old 11-12-2004, 11:35 AM   #13 (permalink)
Getting Medieval on your ass
 
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Location: 13th century Europe
Thanks for the advice everyone. I'll be sure to post again when things have been settled.
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Old 11-12-2004, 06:06 PM   #14 (permalink)
:::OshnSoul:::
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Go to Report a Non Paying Bidder.
they don't do much about it, they send emails telling the bidder to respond to you and pay.
Quote:
Report an Unpaid Item dispute: eBay will send an Unpaid Item reminder to your buyer, encouraging them to complete the transaction. If the buyer still does not pay, you can use this form to file for a Final Value Fee credit.
Request a Final Value Fee credit for returned item or uncompleted transaction: If you and the buyer have resolved the dispute (for example, the buyer has returned the item, or you and the buyer have mutually agreed not to complete the transaction).




Here's more information on eBay's Unpaid Item Policy.


Please note: Intimidating your buyer into completing a transaction may be cause for your suspension.
Only transactions with a winning buyer are eligible for a Final Value Fee credit.
Some disputes can be reported immediately after the item closes, but most require a 7 day waiting period. You cannot report a dispute if more than 45 days have elapsed.
Also see: Unpaid Item Policy
 
 

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