posted on August 2, 2002 09:08:58 PM
I won an auction and just received this email
HI
SORRY BUT WE WILL NOT BE HONORING THIS AUCTION
FOR SOME REASON PEOPL COULD NOT BID
WE GOT 16 EMAILS
CONTACTING EBAY THROUGH POWERSELLERS
The auction had 3 bids so what's the fuss. I bought the same item from a different buyer a month ago for only $5 more so it's not even like he is getting ripped off. He started the item at 99 cents and it went for $20. Why can sellers back out but not buyers? Doesn't seem fair to me.
posted on August 2, 2002 09:28:51 PM
LOOK UP NON SELLING SELLER,,,,IT'S THERE SOMEWHERE. HE I AM SURE IS IN SOME VIOLATION. HE SHOULD HAVE KILLED HIS AUCTION AND INFORMED ALL BIDDERS. HOWEVER YOU WILL NEVER GET BLOOD OUT OF A TURNIP.
posted on August 2, 2002 10:07:39 PM
Turn him in. Do not send him any money. Neg him until it hurts. Make sure everyone knows in his feedback. And make a link of the e-mail and put it in his feedback. Let everyone get a chance to decide for themselves.
posted on August 4, 2002 12:41:16 AM
Why can sellers back out? It's really simple: A)The seller doesn't know what character will bid on his auction; B)The item could have been damaged or lost; C)The item could have been described inaccurately; D)It's not legally binding unto the seller until the seller accepts the price, whereas a bid is a legally binding contract; E)Sellers pay a fee to ebay; F)It's nearly impossible to enforce unless ebay can read minds.
posted on August 4, 2002 05:11:35 AM
This situation is partly why a bid is not a "binding" contract.
To be a contract, both parties must be mutually bound when the "contract" is formed.
On eBay, a seller can end an auction with bids and not honor those bids, as well as cancel or reject any or all bids.
A bid is only an offer to buy. Acceptance and any type of "binding" agreement doesn't occur until the auction is over and the seller accepts or rejects the offer by the bidder(s).
There is no such thing as a contract in which one party is bound to perform and the other party is not bound to perform.
