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-   -   When an Ebay seller backs out... (http://www.net54baseball.com/showthread.php?t=189118)

UnVme7 06-08-2014 12:28 AM

When an Ebay seller backs out...
 
I've had this happen twice in the last month where the seller didn't like the price and automatically refunded my money.

It just happened to me tonight where I bought something for a few hundred dollars that happened to be worth a few thousand dollars. Someone had then told the seller what value the item was after the auction ended and he then refunded my money and 10 minutes later, relisted the item.

I'm guessing I'm SOL on that, right? There really isn't anything that I can do except complain to Ebay which would result in...well, nothing, correct?

Rollingstone206 06-08-2014 01:12 AM

...

the 'stache 06-08-2014 02:01 AM

Report the seller. That's just terrible. The seller entered into a legally binding contract with you. I'm sure one of our attorneys can answer this definitively, but I would think this amounts to breach of contract.

Now, will Ebay do anything about this? It's doubtful. But you should try nonetheless.

irishdenny 06-08-2014 04:25 AM

Where's he reside at?
Joey bagadonuts & da boys could use a road trip...
We'll let ya know when the jobs done & where ta deposit
the clams.

HexsHeroes 06-08-2014 06:40 AM

I concur with "the stache"...
 
.
... you should report the seller. Perhaps even consider suggestion of legal action, especially if buyer & seller reside in different states. Then becomes a federal interstate issue I believe. My very limited general business law knowledge also leads me to believe that consideration was tendered, so that the seller did entered into a legally binding contract with you. But refusal/refunding of that payment might negate the consideration accepted portion of the conract. I also have to believe that eBay has insulated itself (and possibly the seller) with provisions somewhere in all the fine print to the user/member agreement terms that we all agreed to, inorder to use eBay services and products. Just my two cents worth . . .

steve B 06-08-2014 06:53 AM

Yes, report them as a non-performing seller. The one I had that did that claimed through Ebays messge system that they had sold the cards on Friday but "didn't have the time to remove them" Before it ended Monday.

They did offer a discount on their other stuff which was all crap. Framed but uncerted autographs and a few modern cards.

They got banned, although not a hard ban since their other stuff was allowed to finish. And of course, they probably rejoined with a new name.

Steve B

Leon 06-08-2014 08:00 AM

Quote:

Originally Posted by HexsHeroes (Post 1285115)
.
... you should report the seller. Perhaps even consider suggestion of legal action, especially if buyer & seller reside in different states. Then becomes a federal interstate issue I believe. My very limited general business law knowledge also leads me to believe that consideration was tendered, so that the seller did entered into a legally binding contract with you. But refusal/refunding of that payment might negate the consideration accepted portion of the conract. I also have to believe that eBay has insulated itself (and possibly the seller) with provisions somewhere in all the fine print to the user/member agreement terms that we all agreed to, inorder to use eBay services and products. Just my two cents worth . . .

And my tiny bit of understanding of law tells me a lot of what you said is correct BUT at the end of the day no way would this be worth the trouble to sue. I would probably disagree with the refund negating the contract unless it was a mutually agreeable refund. I do think it's a legally binding contract but in 15 yrs on ebay I am not sure I have heard of anyone pursue a matter like this (I am sure it's been done but rarely) in the courts. I would report him to ebay and move on.

UnVme7 06-08-2014 08:22 AM

Thank you all. I suppose the few thousand dollars difference from what I paid to what the item is actually valued at is probably not worth the hassle. But it sure pisses me off!

But I will say, I've noticed this trend quite often. 2 in the last month and probably 5 in the last yr for me. EBay makes it so easy that if the seller doesn't get what they want, they refund it, get a negative feedback and move on. It's stupid.

Republicaninmass 06-08-2014 08:42 AM

Quote:

Originally Posted by UnVme7 (Post 1285160)
Thank you all. I suppose the few thousand dollars difference from what I paid to what the item is actually valued at is probably not worth the hassle. But it sure pisses me off!

But I will say, I've noticed this trend quite often. 2 in the last month and probably 5 in the last yr for me. EBay makes it so easy that if the seller doesn't get what they want, they refund it, get a negative feedback and move on. It's stupid.

Then the seller consigns it, and shills it up

Peter_Spaeth 06-08-2014 09:38 AM

Not worth the aggravation. Just chalk it up to yet another unethical ebay seller and move on.

Exhibitman 06-08-2014 09:41 AM

Please 'out' the seller; without that info we cannot boycott him, and that is probably the best weapon we have with eBay.

Republicaninmass 06-08-2014 09:56 AM

Do we devote a thread to it?

I'm not sure if it matter because at the right price, it seems people dont care who they do business with

calvindog 06-08-2014 10:30 AM

I think that's the problem -- the right price will result in a voided auction.

UnVme7 06-08-2014 10:32 AM

Quote:

Originally Posted by Republicaninmass (Post 1285188)
Do we devote a thread to it?

I'm not sure if it matter because at the right price, it seems people dont care who they do business with

Completely agree. If someone wants an item bad enough, they'll pay for it regardless of how many people the seller screws. Just ask that probstein character.

As for last nights issue, I threw the word "attorney" and a few other words I didn't know the meaning of and he decided to honor the original auction. Now, if I get an empty package, we will have problems.

Thank you all. I was just curious to know if there was anything one could do if the seller wasnt cooperating. I was getting tired of this happening once every 2 months. Long story short, nothing can be done and move on, or threaten them :-)

thecatspajamas 06-08-2014 01:03 PM

Quote:

Originally Posted by UnVme7 (Post 1285196)
Completely agree. If someone wants an item bad enough, they'll pay for it regardless of how many people the seller screws. Just ask that probstein character.

As for last nights issue, I threw the word "attorney" and a few other words I didn't know the meaning of and he decided to honor the original auction. Now, if I get an empty package, we will have problems.

Thank you all. I was just curious to know if there was anything one could do if the seller wasnt cooperating. I was getting tired of this happening once every 2 months. Long story short, nothing can be done and move on, or threaten them :-)

I think you did exactly the right thing in these circumstances. I have heard of cases where the $$$ involved was enough that it made sense to take legal action (against the seller, not against eBay who, as was alluded to earlier, are well-insulated against this sort of thing). In some cases, such as this one, just the threat of legal action is enough to bring the seller to their senses. In others, perhaps a letter from your attorney would have done the job. In any case, you're left to pursue the matter yourself, as eBay will never FORCE a seller to hand over something they've sold. They won't allow the seller to keep the item AND your money, but as far as eBay is concerned, refunding your money in full, closing the case, and removing/disavowing all knowledge of the original listing is the end of the matter.

I have also heard of isolated cases where the buyer informed a reluctant seller that they would be there shortly to pick the item up in person, and then got on a plane and did so. Obviously the $$$ involved would have to be enough to make sense in those circumstances as well, but you'd be surprised how much less resistance to fulfilling their end of the deal there is when the distance between parties is a couple of feet rather than a couple thousand miles.

I might also add that there are circumstances such as was described in one of the other replies where an item legitimately sells through another channel and was not removed from eBay before it sold there as well (whether due to forgetfulness or bad timing). I've done it myself on multiple occasions, or mistakenly re-listed something that sold previously. :o That clearly isn't the case here, or else he wouldn't have re-listed it a few minutes later, but just wanted to throw that in there for anyone else who may be reading this thread to say that sometimes mistakes do happen.

Republicaninmass 06-08-2014 01:20 PM

Recently happen to me where I won an item. The seller stated it was shipped and it must have gotten lost. After pressuring him, I learned someone had contacted him, and offered 10x than I paid!

kmac32 06-08-2014 01:26 PM

Leave a negative honest feedback that is not inflamatory and move on. Not worth the effort to sue.

drcy 06-08-2014 01:31 PM

eBay shows us that many people don't understand the Business 101 concept of repeat customers.

vintage954 06-08-2014 01:35 PM

Ebay will do absolutely nothing about it. ALL they care about is money. I won an ernie banks rookie one time for $175 and it was a super steal, don't even ask me how it happened but I paypal'd the funds immediately. The next morning I wake up with a refund and a message stating that he could not sell it for that price and he was sorry. I spoke to ebay and hes still a seller to this day.

Republicaninmass 06-08-2014 01:51 PM

Quote:

Originally Posted by Republicaninmass (Post 1285260)
Recently happen to me where I won an item. The seller stated it was shipped and it must have gotten lost. After pressuring him, I learned someone had contacted him, and offered 10x than I paid!

But, in this case, ebay didnt get their fees. The auction was refunded and the seller was paid via PP gift. There must be some course of action

CMIZ5290 06-08-2014 03:27 PM

Quote:

Originally Posted by vintage954 (Post 1285271)
Ebay will do absolutely nothing about it. ALL they care about is money. I won an ernie banks rookie one time for $175 and it was a super steal, don't even ask me how it happened but I paypal'd the funds immediately. The next morning I wake up with a refund and a message stating that he could not sell it for that price and he was sorry. I spoke to ebay and hes still a seller to this day.

+1, big time....

Jay Wolt 06-08-2014 03:55 PM

eBay should care about it, since the seller voided the auction price and either sold it higher off of eBay
or didn't sell it all & either way eBay is out their fees & that they do care about.

Republicaninmass 06-08-2014 04:18 PM

I was wondering if ebay has a way to track messages after the fact. That way we could tell ebay about the auction/seller in question, and they could see the sellers correspondence

thecatspajamas 06-08-2014 04:32 PM

Quote:

Originally Posted by Republicaninmass (Post 1285278)
But, in this case, ebay didnt get their fees. The auction was refunded and the seller was paid via PP gift. There must be some course of action

Plenty of courses. Just not any that are easy, cheap, AND result in you getting the item at the bid price.

bobbyw8469 06-08-2014 05:33 PM

I want to know what kind of seller is selling $1,000+ items for only a couple hundred bucks! Sign me up!!

thecatspajamas 06-08-2014 05:51 PM

Quote:

Originally Posted by Republicaninmass (Post 1285340)
I was wondering if ebay has a way to track messages after the fact. That way we could tell ebay about the auction/seller in question, and they could see the sellers correspondence

Yes, ebay personnel can see anything you send in a message. They don't necessarily read every message, but do routinely go back and read correspondence when disputes arise. Having access to this back-and-forth communication is one reason they block email addresses from being included in your messages. They don't want you having buyer/seller communication that they are not privy to. The other (bigger) reason is they don't want you arranging deals outside of ebay where they don't get a cut.

UnVme7 06-08-2014 08:28 PM

Well guys, the seller refunded my money again. He said that someone sent him a message about this website and this thread.

So it got me thinking-- I never mentioned on here what item it was, nor my ebay username. So how would someone know, right?

Hmmmmmmmmmm.....I wonder who it could've been....

That person, who obviously is a net54ember, contacted this seller and told him that he should get more for the item and sent him this forum page.

Talk about being bitter because you didn't get the item and decided to jump in the middle and tell the seller the price was too low of a price. Sorry, but that's a real douchebag right there.

thecatspajamas 06-08-2014 08:40 PM

Quote:

Originally Posted by UnVme7 (Post 1285433)
Well guys, the seller refunded my money again. He said that someone sent him a message about this website and this thread.

So it got me thinking-- I never mentioned on here what item it was, nor my ebay username. So how would someone know, right? And there's only one person that follows me on eBay.

Hmmmmmmmmmm.....I wonder who it could've been....

That person, who obviously is a net54ember, contacted this seller and told him that he should get more for the item and sent him this forum page.

Talk about being bitter because you didn't get the item and decided to jump in the middle and tell the seller the price was too low of a price. Sorry, but that's a real douchebag right there.

FWIW, you don't have to "follow" someone on eBay to look at what they have bought. You do have to know their eBay ID, but that could be anybody you have ever dealt with on eBay before if they have a good memory and/or save their e-mails, not necessarily the 1 guy who officially "follows" you on eBay. Either way though, I agree that it's a pretty douchey thing to do.

Disclaimer: I have no idea what item we're talking about here or what Nate's eBay ID is. (I also have a terrible memory, so unless we do business on a weekly basis, your secret is probably safe even if we've transacted before).

bobbyw8469 06-08-2014 08:43 PM

I have no idea what the item is either. I still want to know what Ebay seller is selling $1000+ items for pennies on the dollar!! I have a huge student loan I need to pay off, and that would help greatly!:D

bnorth 06-08-2014 08:49 PM

Quote:

Originally Posted by UnVme7 (Post 1285433)
Well guys, the seller refunded my money again. He said that someone sent him a message about this website and this thread.

So it got me thinking-- I never mentioned on here what item it was, nor my ebay username. So how would someone know, right?

Hmmmmmmmmmm.....I wonder who it could've been....

That person, who obviously is a net54ember, contacted this seller and told him that he should get more for the item and sent him this forum page.

Talk about being bitter because you didn't get the item and decided to jump in the middle and tell the seller the price was too low of a price. Sorry, but that's a real douchebag right there.

Sorry to hear that. The really sad part is the douchebag probably did it to buy the card out from under you. I had a fellow member do the same thing to me before.

UnVme7 06-08-2014 09:38 PM

Quote:

Originally Posted by bnorth (Post 1285441)
Sorry to hear that. The really sad part is the douchebag probably did it to buy the card out from under you. I had a fellow member do the same thing to me before.

It wasn't a card, which proves my point to the douche that did it. He knows who he is.

Republicaninmass 06-09-2014 12:37 AM

FUNNY!!! Mine was a board member as well... But I found out who it was. Actually he admitted it

pbspelly 06-09-2014 07:22 AM

This is a strange place.

vintagetoppsguy 06-09-2014 09:09 AM

Lot of things just don't make sense in this thread
  • Bought an item for only a few hundred, but worth thousands
  • Somehow a board member knows your eBay username and exactly what you bought
  • You won't out the eBay seller
Sorry, but things just aren't adding up.

ZachS 06-09-2014 09:13 AM

Quote:

Originally Posted by vintagetoppsguy (Post 1285517)
Lot of things just don't make sense in this thread
  • Bought an item for only a few hundred, but worth thousands
  • Somehow a board member knows you're eBay username and exactly what you bought
  • You won't out the eBay seller
Sorry, but things just aren't adding up.

See post directly above yours

Quote:

This is a strange place.

Peter_Spaeth 06-09-2014 09:51 AM

Quote:

Originally Posted by vintagetoppsguy (Post 1285517)
Lot of things just don't make sense in this thread
  • Bought an item for only a few hundred, but worth thousands
  • Somehow a board member knows your eBay username and exactly what you bought
  • You won't out the eBay seller
Sorry, but things just aren't adding up.

Suppose his ebay ID is the same as his ID here? This isn't rocket science. It appears the item in question was relisted at 4x the purchase price.

Runscott 06-09-2014 09:56 AM

Last year I sold some fairly expensive cards to an ebayer who turned out to be a forum member. My ebay store basically mirrors my web-store, except items are, on average, 10-15% higher on ebay due to the additional costs. This isn't always the case, but it is on average.

Here's the unanticipated result: a forum member contacted the buyer and told him that he could have gotten them cheaper in my store, so the buyer then contacted me and wanted reparation.

I'm always amazed at the creative ways that forum members can find to stir up shit between other members. Fortunately it's only a few - there are thousands of members here and while we hear about every single douchebag, we only hear about a small percentage of what the other guys are doing in positive ways for the hobby.

So, Nate - forget about the guy keep having fun.

Jewish-collector 06-09-2014 09:57 AM

What becomes an interesting long discussion thread is when (not necessarily this case) a buyer comes on Net54 to complain about a seller and the seller is actually also a Net54 member, who responds here on the forum.

vintagetoppsguy 06-09-2014 09:58 AM

Quote:

Originally Posted by Peter_Spaeth (Post 1285531)
Suppose his ebay ID is the same as his ID here? It appears the item in question was relisted at 4x the purchase price.

Makes sense, but how would anyone know exactly what he bought?

UnVme7 06-09-2014 10:00 AM

Quote:

Originally Posted by Peter_Spaeth (Post 1285531)
Suppose his ebay ID is the same as his ID here?

Yes it is, but I never mentioned what the item was. The person who reached out to the seller either took the time to look up my eBay username, or just checked the completed listings to find the item, which I think was the case because it popped up on the completed listing list around the same time the schmuck contacted the seller. Hmmm....:rolleyes:

Anyways, I'm not getting the item thanks to this schmuck who was upset they didnt get the item for themselves and decided to contact the seller. It is what it is.

He knows who he is....

Peter_Spaeth 06-09-2014 10:00 AM

Quote:

Originally Posted by vintagetoppsguy (Post 1285537)
Makes sense, but how would anyone know exactly what he bought?

Completed items.

Republicaninmass 06-09-2014 10:00 AM

Just type his ebay ID in under "find items by bidder", and email away!

Let them do all the hunting for you, swipe in at the end and collect the game

Peter_Spaeth 06-09-2014 10:05 AM

http://cgi.ebay.com/ws/eBayISAPI.dll...m=271516518419

vintagetoppsguy 06-09-2014 10:06 AM

Quote:

Originally Posted by Peter_Spaeth (Post 1285540)
Completed items.

I didn't know you could search completed items by bidder, only by seller.


Quote:

Originally Posted by Republicaninmass (Post 1285541)
Just type his ebay ID in under "find items by bidder", and email away!

I don't see that option. I see the option to find items by seller, but not by bidder.

Peter_Spaeth 06-09-2014 10:12 AM

You can if you saved the old link before they omitted that option.

D. Bergin 06-09-2014 10:35 AM

Quote:

Originally Posted by Peter_Spaeth (Post 1285546)
You can if you saved the old link before they omitted that option.


It's still there. Ebay just made it harder to find.

When you go to the "Advanced Search", click on the "By Seller" tab. That will take you to a page with the "By Bidder" tab available in the left hand menu.

They buried it a bit, but it's still there.

steve B 06-09-2014 10:43 AM

Quote:

Originally Posted by bobbyw8469 (Post 1285438)
I have no idea what the item is either. I still want to know what Ebay seller is selling $1000+ items for pennies on the dollar!! I have a huge student loan I need to pay off, and that would help greatly!:D

There are still deals out there. Mostly in mislisted items, or things where there's a common item and a tougher one with a small difference between them.

Last year or earlier this year I picked up a stamp that catalogs 2500 for 18 as a BIN :D
18 was a good price for the basic stamp, and the difference while catalog listed isn't shown in a picture. So knowing you have it isn't exactly simple.
Sort of like finding a Murr'y as a BIN at a decent price for a common.
Another was listed by a seller in Norway and ended at 8am est easter sunday. Not a common one, and listed at just under 10% of the catalog value. I was the only bidder.

With stamps some of the varieties are not well known and many sellers won't take the time to become knowledgeable about them- Even some of the bigger dealers. Although one I met said he didn't have the time to be bothered with small varieties that catalog under 1000 unless it was plainly marked in the collection it came from. (He often has stuff that's 5000+)

Steve B

drcy 06-09-2014 10:49 AM

2 things. If you sue in a dispute where something is physically stolen (not the case here) you only get what you paid for the item, and not what it would be worth now, what is its market value or what you would have gotten if you resold. The judge would look only at your receipt from when you bought it and have no interest in theoretical market valuations or how much (according to the plaintiff) it's gone up in value since then.

2, you're out no money. Considering the first paragraph, you'd have to convince the judge that you've been harmed. He (or she) may very well say you get the item in exchange for the price paid if you want because the sale was a contract, but he may, having little to no interest in theoretical resale speculations and market valuations, say you're out no money so he doesn't see the harm. You'd have to convince him. Realize that most people come before the judge in such suits are suing because they paid money, didn't get the item and want their money back. You'd be coming before him with having gotten your money back. You may indeed get the item (in re-exchange for the win price), but, if you didn't, you would not win any of paragraph 1's pie in the sky money.

Peter_Spaeth 06-09-2014 10:58 AM

When a good is unique specific performance may be available. I agree a court would not likely award damages on an expectancy measure here.

thecatspajamas 06-09-2014 11:08 AM

If the reneged item was subsequently sold to another party, or through another venue such as a major auction house, would that not give a clear measure of the damages to the shafted buyer?


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