posted on December 22, 2000 02:29:52 AM new
I sell something on eBay, and a buyer bid two of them (two separate auctions). I sent the confirmation email right after the auctions ended (within 5 minutes). The high bidder asked whether he can combine the two and save shipping, I said yes. Then long wait. Twenty-four days later, I receive a message from the high bidder:
After reviewing the details of your auctions, I have decided to void our contract. I discovered in the item description section in both auctions, much to my amazement and dismay, that you had listed the MSRP of each item as $xx.xx. My intuition told me that the figure was too high so I checked it out to determine the truth. My suspicions were confirmed by the official listing at both the xxxx website and in a xxxx catalog. If you can provide sufficient reasoning as to why you listed each item's MSRP much higher than they actually were, then I will reconsider your offer.
I checked the website he provided and found the MSRP is lower than that in my ad. Actually, I made the ad several weeks ago and the MSRP does drop. I replied to the buyer that the MSRP could drop, and MSRP was for your reference only and no one forced you to place your order based on the MSRP. The buyer insisted I was lying and refused to honor his bid:
So, what you're saying is that you have the right to lie in your auctions. I disagree entirely. You made a claim in your auction that the product was worth a specified amount while you knew all along that it was worth much less. Just because I believed you the first time does not mean that I can not go back, review the details, and discover that you lied. Why do you think con artists get busted? Because they lie to people about a product they are selling. Just because the customer happens to believe what they are being told does not make the entire scam the customer's fault. You're right that I placed the bids all by myself; however, I placed bids on items worth much more than the ones that you were attempting to send me. Why should I honor my claim to buy the items when they are different from your description? And no, no one requires me to place my bid based on MSRP. However, it is a very useful tool (when used correctly by the seller) to gauge how much money could be saved by buying the item over eBay versus buying it in a store. And if the MSRP has so little importance according to you, why did you include it in the item description in the first place?
One thing I should mention is that his bidding price is similar to the actual street price, about one-fourth of the stated MSRP in my ad. Since he refused to honor his bid, I placed two negs for him, and he revenged two negs for me.
I admit that the MSRP in my ad is a little higher than the actual MSRP when the bidder refused to honor his bids, and it took him 24 DAYS to find that the MSRP problem. Though everything is done, 4 negs left, I am still curious whether "MSRP is too high" a valid reason to back out, and who deserve the negs?
[ edited by kilometer on Dec 22, 2000 02:31 AM ]
[ edited by kilometer on Dec 22, 2000 02:31 AM ]
posted on December 22, 2000 03:14:51 AM new
Neg the buyer, email him with CC to Safeharbour that he is not to bid on any more of your auctions EVER, submit FVF refund to ebay (which also garners him an NPB), place a disclaimer in your ads that MSRP is subject to change without prior notification and move on.
Don't let one louse spoil your holiday cheer.
Happy Holidays!
posted on December 22, 2000 05:22:28 AM new
Kilometer - Was this auction for a leather jacket perhaps? The reason I ask is that this complaint sounds a great deal like another complaint in another thread entitled "would you safe harbor or not".
posted on December 22, 2000 06:03:05 AM new
The bidder should have done his homework before he placed his bid.
However, the FTC's truth in advertising laws prohibit advertising inflated retail comparison prices, and it is the responsibility of the seller to monitor any changes in MSRP and revise their advertising accordingly. So he did have a legal right to cancel his bid. (and file a complaint with the FTC if he chose to)
posted on December 22, 2000 06:36:24 AM new
If it is the responsibility of someone who states what the MSRP is in an advertisement to monitor the MSRP, I would think it is only their responsibility to state the correct MSRP at the time they placed the ad.
Is it possible that the MSRP in this auction was correct at the time the listing was placed? And changed afterwards?
posted on December 22, 2000 06:54:08 AM new
MrJim: you bring up an interesting point. What if the FTC were to start monitoring eBay? I suspect the number of auctions found to be out of compliance would be considerable - could be a bloodbath. It'll never happen tho.
posted on December 22, 2000 07:06:51 AM new
Kathy: Yes, it would certainly be more work than their staff could handle. In reviewing their site and recent rulings, it appears their current "internet" related focus is on protecting privacy and children online.
There are several other government organizations wishing they had the staff to monitor and investigate Ebay sellers, including US Fish and Wildlife, US Customs, and of course the good ole' IRS.
posted on December 22, 2000 12:21:29 PM new
This buyer is trying to get out of the purchase. MSRP has nothing to do with it if what he bid was the "going price". I would consider any buyer ignorant that placed any bid based on the MSRP.
It doesn't matter if the seller inadvertantly or purposefully left the MSRP at an older, higher price, it is ultimately the buyer's responsibility to know what he's buying. And remember, at the bottom of every eBay page are those magic words Caveat emptor!
(edited for typos--three thumbs on each hand!)
[ edited by lswanson on Dec 22, 2000 12:22 PM ]
posted on December 22, 2000 03:42:06 PM new
Why would you even put the MSRP in your auction in the first place ?
You are just asking for trouble doing that. Same as the people who put in their ads, "still has original price tag of $xx.xx"
This information is does not need to be stated and all you have done was create a loophole that you buyer quickly jumped threw.
Don't get me wrong. I would neg this deadbeat in a heartbeat. File NPA and FVF. But in all honesty, you asked for it mentioning the MSRP. If a person is looking for a specific item, they pretty much know what they will spend on it and they pretty much know what the MSRP is too.
All that happened in your case is you provided a wee bit to much information that had only negative consequences to begin with.
I bet this deadbeat would have still bid on your auction had you not mentioned the MSRP and I am about 80% positve you would have still had problems with this buyer in some way or another.
posted on December 22, 2000 06:04:49 PM new
One places a bid based on what one considers a perceived value for an item to be. I never bid based on what I see on eBay. Bids are often too high or too low. Nor do I bid based solely on the information provided. Many people do not have a clue that an MSRP means nothing on most items.
To a very tiny degree, you might be "guilty" of misrepresenting an item. It's always best to underpromise and overdeliver. However since the bidder should honor his bid, it sounds like a copout--a way to provide his bidder's remorse with an air of legitimacy.
posted on December 22, 2000 11:36:47 PM new
I sell a product that I can purchase from 4 different companies.
Each company has different suggested retail prices. The items are identical. They are made in the same factory they just have different brands on them.
MSRP often varies according to what part of the country you are in.
The item sells for around $79 in Miami. It sells for about $149 in Los Angeles. It goes for about $99 in Dallas.
If I put "retail price: $149" in my ad I would not be lying. It does sell for that in some places. However someone in Miami or Dallas might think I was a liar or clueless.
I think it is a good idea not to mention MSRP.
I don't think mentioning the price on the original tag is a problem as long as the tag comes with the item.
