posted on October 17, 2000 09:07:28 PM new
I was watching a computer show on TV the other day and the host was showing this gizmo that he claimed was indispensible for notebook users. I wanted it, so I went to eBay and there was one listed. The starting bid was $25 and 5 bids had it up to $45. There was still a day left on the 7 day auction so I went to esnipe and put in a bid of $100. At auction end I was the winning bidder and got the gizmo for a little over 60 bucks.
The seller had a (0) FB rating so I did what I could before bidding to check him out. I followed a page link to his website, which appeared to be a computer sales business. He was also listing several other computer peripherals.
His EOA message arrived yesterday. Seller says he can't sell me the item because he forgot to put a reserve on it and it is worth far more than I paid. He also stated that I could buy the item if I paid more. I had already paid for it through Billpoint BTW. I replied with a reference to eBay's rules regarding binding contracts and stated that I wanted the item at the bid price. He has yet to reply.
The seller now has a FB rating of (-1) from another buyer who stated in his complaint that seller refused to honor bid price.
Well now I'm wondering, what are my options? I can add to his negative FB, of course, but what else can I do? The seller lives on the opposite coast from me so legal action may be cumbersome. I'd stil like to get the gizmo but I'm not quite sure of the proper action to take at this point.
posted on October 17, 2000 09:15:32 PM new
Report the matter to Safeharbor. The fact that he forgot to put a reserve on the auction is his problem. Under eBay rules he is required to sell the item to you for your bid. He cannot after the fact tell you he wants more $$ for the item.
I don't know what action eBay can or will take, but it is against ebay rules.
posted on October 17, 2000 09:27:47 PM new
Wow the nerve of some sellers,people should understand that if you list something and it sells you honor the sale plain and simple.
Whats wrong with these people.If you have paid by Billpoint he must have had the immediate payment option.
So he has your money and you have no item,sounds like a good case of fraud.
I would tell him that nicely and if you have too neg him as he does not deserve to be on ebaY.
I just had 3 items that should have gone over
100 each sell between 65 and 95 each all with no reserve.Probably affected by ebay's outage.But I would never refuse to sell them
as thats the way it goes.
Plus he should have checked it sooner as I am sure a newbie would check his auction every day or hours and a mistake like that would have been very obsvious.
posted on October 17, 2000 10:09:52 PM new
What Nerve!
First, I would pull the sellers info to see what state he/she is in.
Chances are, this seller thinks he can get away with this. The truth is, if he doesn't sell it to you, you have a case for fraud. The fact that the seller said you could buy it for more is also fraud. The FBI takes this very seriously.
I would send an email stating that regardless of weither the seller forgot to put a reserve on the auction, the seller is now legally obligated to sell it to you for the winning bid. If the seller refuses, tell them that you will report them to ebay and to the Internet Fraud Complaint Center which is operated in part by the FBI. Give the seller the web site www.ifccfbi.gov so the seller knows that you are serious.
I would also let the seller know that they are facing possible civil and criminal charges of fraud if they do not complete the auction.
I have heard several people say that once they reported a seller to the IFCC, and the FBI contacted the seller, the seller was MORE than happy to complete the transaction. (or face fraud charges)
Just because this seller has a 0 rating, doesn't tell you if they have sold before under a different name or on a different auction site.
Obviously the seller thinks there is nothing wrong with backing out of an auction. It does sound fishy to me.
Pleading dumb doesn't work for a defense.
You one the auction fair and square - don't let this seller get away with this!
posted on October 17, 2000 10:13:02 PM new
opps forgot to add:
Since you have paid for it, what he is tring to do is fraud!!!
Contact the IFCC and you can also contact the police department in the city where the seller lives. Let them know that you paid for an item through the internet but the seller refuses to ship the item unless you pay more.
This is completely illegal! Don't pay for more, and don't let this seller get away with this.
Kelly
PS keep all of the emails, since you will need these to file the complaint.
posted on October 21, 2000 07:31:27 PM new
Thanks all!
Update: Notification to safeharbor resulted in an assurance that a NPB can not be filed and that seller will have to pay the commission for the sale. They appreciated my notification so that they can "keep track of sellers who abuse the refund system".
I was hoping they could make the guy honor the sale but that doesn't seem to be possible.
The seller says he refunded my Billpoint payment. I believe any fraud issues I would try to raise would be difficult to prove. There is no apparent attempt here to commit a crime and the defense is dubious but believable.
I'm really kind of torn on this issue. On the one hand I believe a deal is a deal and the guy should sell me the thing at the bid price. On the other, I don't feel quite right about taking advantage of a newbie mistake. I still find it hard to believe he didn't correct the error prior to auction end. I discovered BTW that the item is worth about $300.00.
I think I'll just chalk this one up to experience.
posted on October 21, 2000 07:46:47 PM newChances are, this seller thinks he can get away with this. The truth is, if he doesn't sell it to you, you have a case for fraud. The fact that the seller said you could buy it for more is also fraud. The FBI takes this very seriously.
If the seller promptly returns the money, there is no fraud involved, only breach of contract which is a civil matter (not criminal). If he does not return the money, you do have a case for fraud.
You would be better off just accepting a refund and leaving a neg. This seller won't be on eBay for very long.
posted on October 22, 2000 06:41:51 AM new
If you want to really go at this Seller hammer & tongs, an easy thing to do is pull his auction listings....all of them.
Then email [preferrably with a hidden or non Ebay ID] all high bidders and ask them of they have received the same treatment. Politely ask them to do thir civic duty and give the feedback deserved.
This will at least get rid of this Seller....until of course they create yet another ID and re-register, but maybe this time they will read the TOS and comply with them.
posted on October 22, 2000 09:52:46 AM new
When a seller lists eBay warns them/us that to refuse to follow through on the sell can/will be grounds for being unregistered.
Here is the link to request the user's info such as the seller's name, phone number and city, state and country. I don't think it gives the mailing address.
posted on October 22, 2000 10:01:31 AM new
If he knows enough to know what a reserve is then he knows the rules! He knows he's bound by contract to sell to you. I don't believe this is a newbie mistake. More likely he has 'studied' well enough to know he will get more 'action' with no reserve. My guess is when he didn't get what he wanted for the item, he cried "Oh, but I made a mistake!" Twice? Hmmmm .. doubt it!
I am not one to neg someone lightly but in this case I definately would!! Let's hope he gets -4 total rating before he gets enough positives to keep his little scam going.
Edited 'cause I can't spell today!
____
I have a memory like a steel trap .. unfortunately it's rusted shut!
[ edited by tuition44years on Oct 22, 2000 10:03 AM ]
posted on October 22, 2000 11:26:35 AM new
This statement appears in eBay Safe Harbor and seems quite clear:
eBay cannot force a seller to honor his auctions
Seller listed 4 auctions simultaneously. All 7 day. No new auctions have been started. Apparently one deal was completed to seller and buyer's satisfaction. Sellers FB is now back to 0. I have yet to leave feedback but plan on writing my first neg soon. It is apparent from Safe Harbor's response to me that their concerns lie elsewhere.
I believe my only recourse at this point would be to initiate a civil suit in seller's home state. This action would be expensive and I don't think I could win. A search for applicable state laws revealed none.
posted on October 22, 2000 12:13:51 PM new
If you want to you can seek his local Chamber of Commerce or BBB. BBB more than likely will charge about $9.50 for this, but they are options.
There is very little legal recource in these matters, in my opinion.
posted on October 22, 2000 12:33:03 PM new
Well I guess eBay can't help you. I went to "help" on eBay and they write that there isn't much they can do for buyers who have sellers who refuse to finish the transaction. (They suggest to leave appropriate feedback.)
Yesterday, though I noticed while listing, that told me as a seller that I may or will be "unregistered" if I refuse to finish the transaction, but now I can't find it unless it is in the final stage of listing. (I did an experiment up to the finalizing to see what I would find.)
