posted on June 14, 2001 09:50:05 PM
OK, I need some advice. What should I do? I recently had an auction end for a decent sum, almost $300.00. Then I had an auction for the same item end at a little under $100.00. Well the winner who paid the almost $300.00 thinks he should be given a price break because he could have had it for so much less. I am a new member so I don't really know the answer. My gut tells me thats the breaks, but he does have substantial feedback and I didn't know if this is something that's done normally. Also he mentioned the possibility of stopping payment on the check so we could reach an agreement, if he does this what could I do? Thanks for the info.
posted on June 14, 2001 10:02:17 PM
He bid the amount he was willing to pay. Found out later he could have gotten it for less. Sounds like buyers remorse.
He did place the bid and a bid is a contract according to ebay.
If he wanted to bid on your other auction he could have.
This is not your problem. I have buyers like this from time to time.
Last night I received an email:
"since you have so many XXX on ebay I won the wrong one, I want XXX". Of course the one he wanted was much more than the one he bid on!!!
I told him I only stock the items I list ebay and don't have extras on hand to send to everyone who wants one and someone else bid on and won the one he wanted. Sorry, he won the one he bid on.
posted on June 14, 2001 10:16:01 PM
>Also he mentioned the possibility of stopping payment on the check so we could reach an agreement
Tell him you already had a binding agreement when the auction closed. I won't drop the price once the auction is over simply because the buyer thinks it's to much. Thats silly, at an auction, buyers set the price, not sellers. If he was on one of my auctions, and stopped payment on a check for a reason like this, his feedback would be a little lower than it is now.
posted on June 14, 2001 10:22:39 PM
Yeah, he's the one who set the final price of $300, not you.
If you move ahead with the transaction, would suggest you make a copy of his check before you deposit it and call his bank before you ship to make sure it has cleared.
posted on June 14, 2001 10:30:54 PM
>and call his bank before you ship to make sure it has cleared
VERY good advise. 10 days is NOT enough to be sure a check is clear. I had one come bouncing back 26 days after it was deposited. I've seen in these threads stories about checks taking even longer than that to bounce their way back. Most bounced checks are made good, but you just know that one that had a stop payment on it won't be.
posted on June 14, 2001 10:59:43 PM
Send him a note telling him that you have informed the $100 winner that he bid too little and owes you $200. Problem solved.
Just kidding. Be polite but firm. It is an auction not kindergarten (although I do wonder sometimes)
posted on June 15, 2001 02:04:18 AM
LOL NARU!!! I like your solution best!
This is simple...
Take his coorespondance and issue it to [email protected] and pardon the phrase, but they will council him and if he does stop payment (sorry naru) they will more than likely NARU him.
I presume you have email saying he will be sending the check etc etc. as well. Print that out as well as printing the auction page displaying his user ID, email addy. Go into the Find Members area under Search->Bidders, request the personal contact information. Print it.
Print the other auction of same item won etc. Bring that all to your bank and simply request the branch manager review it, advise you and get it notorized (free usually) by their notary of republic. You might also request that the bank contact his bank and forward all the informations to them as well.
Everything to do with the transaction, all emails etc. You may also wish to print "an auction" that clearly shows at point of bid its a legal and binding contract.
Send the ITEM DONT delay it PAST your terms. If your terms were 10 business days thats fine.
Send it Fed Ex or UPS with tracking and signature.
Many dont know this, but both FedEX and UPS tampering, messing with etc. is just like doing so with the postal service. The BIG difference is they DO react where-as the postal service does, doesnt, takes two ages for results.
But no "in reality" he cant renig on it, it is a legal and binding contract. Since your not a business you dont have tons of recourse. You can however take it into civil court local to you. If the judge finds that you have been damaged he can issue a judgement which can be served on his bank, employer or any assets located. If he's say with Citibank you can take that judgement, walk up to Citibank and if the funds are available they will hand them to you, stamp the judgement as tendered/recieved and he can yell till' thw cows come home and it wont matter.
If the court deems that any illegal activity has taken place on his part relevant to your or ANY other transactions he can actually have the character pulled up to your community to face charges.
Most folks get away with stuff on the web because nobody pursues it. 95% of eCommerce law is no different than mail order law.
He's probably hoping you'll go "ok" or that you WILL ship it late and thus break your terms of sale.
If he does stop payment also issue a fraud complaint with eBay and a complaint with Squaretrade.
Finally if your a private seller checks can be VERY dangerous for you to accept as people can bounce them costing you time & resources. It also doesnt look well on your banking record.
Signed: WhyNot!
posted on June 15, 2001 05:09:30 AM
Tell him if he stops his check you will go court his jurisdiction and charge him with intent to defraud
I read once that was applicable on stopped checks in that they gave you check with no intent of honoring it
it worked for me when I had a angry customer tell me "don't deposit the check ,I am putting a stop payment on it"
I came back with intent to defraud he got nasty but never stopped the check
posted on June 15, 2001 02:52:52 PM
Thanks a lot all. That's what I thought you guys would say, but I just thought I had better check first. Well I guess I'll see if he does indeed stop payment on that check.
