EBAY people - Please help me

[bonzarella]

I was the successful bidder on an auction, seller refused my paypal. After it ended she said she made a mistake and should not have listed all items together. Wanted me to pick one or the other, also misrepresented the size. I e-mailed(2 days ago) her stating I would like the auction as advertised & have not had a response. Can anyone recommend what to do in this situation? I am new to Ebay and could use some help. Thanks

 

[DiscussDisney]

Honestly, there is not much you can do. If a seller refuses to complete the transaction, you can file a complaint with ebay and paypal, but that will most likely do nothing unless the seller has had many previous complaints.

 

[Feralpeg]

Tell her that you purchased what she advertised. It is not your fault that she listed it incorrectly. If she still refuses to give you what you purchased, tell her you will be leaving her a negative feedback and that you will be contacting ebay regarding her auction.

 

[kelleigh1]

I would definitely contact ebay. Her listing and your purchase is a contract. It is not your fault that she made a mistake in advertising. You bought what she listed and that contract is binding. I would definitely contact ebay.

 

[Crazy4Disney06]

I would contact Ebay and file a report with them, if she has had (or once she gets) 3 complaints she will be baned from Ebay.
I'm sorry you had a bad seller. It's not your falut she listed it wrong.

 

[gypsydoodlebug]

Make sure you keep ALLLLL your emails as well.

 

[Laurajean1014]

Technically, she committed internet fraud. If she doesn't sell you the items as she listed them for the price your won it for, it is a federal offense.

Contact eBay and the seller to let them know exactly what you will do, if they do not cooperate.

Here is the address for fraud: http://www.ifccfbi.gov/index.asp

 

[DMRick]

Even if no money changed hands? I have bought from many a catalog and been told they no longer had the item. In fact I bought from the post office and they cancelled my order just recently, and I had already paid. I find this strange that this would be a federal offense. Can you point me to where you are finding that info? Might be useful someday.

Technically, she committed internet fraud. If she doesn't sell you the items as she listed them for the price your won it for, it is a federal offense.

 

[HayGan]

Even if no money changed hands? I have bought from many a catalog and been told they no longer had the item. In fact I bought from the post office and they cancelled my order just recently, and I had already paid. I find this strange that this would be a federal offense. Can you point me to where you are finding that info? Might be useful someday.

An auction is different from a catalog. An auction implies possession of a specific item and that transfer of the item will take place once final bid/payment is received. It is most definately internet fraud to list an item which you do not have or do not intend to transfer to a winning bidder when all terms of the sale are met. Sellers/buyers remorse is not a legal dismissal of the contract existing between the buyer and seller.

 

[DMRick]

Wow, an enterprising lawyer could make a fortune just handling eBay sellers who are no longer for various reasons able to complete a sale. And yet, no one has taken on this cause? I don't buy that it's a federal offense when no money has changed hands. I'd have to see the statue. Of course the key words can be "do not intend". Perhaps this person did intend to sell it but for who knows why, changed her mind. I've seen people change their minds for many reasons, and I've never heard of anyone, who has not been paid gotten anything more than a neg. Can you point me to something legal that shows this offense? Thanks.

PS I did go to the site shown above and the first thing they want to know?..total monetary loss. I think you'd have a rare chance to charge someone for not giving you something they didn't take money for..

*******
Information concerning your contact with the subject

Total monetary loss, method of contact(s), date of contact(s), monetary loss resulting from each contact, a description of your payment transaction(s) with the subject, a narrative description of the contact(s), general narrative description of the fraud, information on witnesses, information on other victims, identification of law enforcement or government agencies you have contacted concerning this matter, and any other information you believe to be pertinent.
***********

An auction is different from a catalog. An auction implies possession of a specific item and that transfer of the item will take place once final bid/payment is received. It is most definately internet fraud to list an item which you do not have or do not intend to transfer to a winning bidder when all terms of the sale are met. Sellers/buyers remorse is not a legal dismissal of the contract existing between the buyer and seller.

 

[seashoreCM]

If you the buyer meet all the conditions of the auction and the seller does not (for example list PayPal as an accepted payment method but refuse PayPal for no good reason) then you do not have to pay using other methods. The transaction will then die.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[HayGan]

From the FederalTradeCommission www.ftc.gov

Internet Auctions: A Guide for Buyers and Sellers

Know Your Legal Obligations

Under federal law, you're required to advertise your product or service and the terms of the sale honestly and accurately. You can't place "shill" bids on your item to boost the price or offer false testimonials about yourself in the comment section of Internet auction sites.


You're prohibited from auctioning illegal goods. While many auction sites monitor their sites to ensure that illegal items are not being offered, the responsibility for ensuring that a sale is legal rests with the seller and buyer. Some auction sites post a list of prohibited items as a guide.


You are required to ship merchandise within the time frame specified during the auction, or, if a time frame is not specified, within 30 days. If you can't meet the shipping commitment, you must give the buyer an opportunity to cancel the order for a full refund or agree to the new shipping date. To learn more about your responsibilities when shipping products, see A Business Guide to the Federal Trade Commission's Mail or Telephone Order Merchandise Rule.

Wow, an enterprising lawyer could make a fortune just handling eBay sellers who are no longer for various reasons able to complete a sale. And yet, no one has taken on this cause? I don't buy that it's a federal offense when no money has changed hands. I'd have to see the statue. Of course the key words can be "do not intend". Perhaps this person did intend to sell it but for who knows why, changed her mind. I've seen people change their minds for many reasons, and I've never heard of anyone, who has not been paid gotten anything more than a neg. Can you point me to something legal that shows this offense? Thanks.

PS I did go to the site shown above and the first thing they want to know?..total monetary loss. I think you'd have a rare chance to charge someone for not giving you something they didn't take money for..

*******
Information concerning your contact with the subject

Total monetary loss, method of contact(s), date of contact(s), monetary loss resulting from each contact, a description of your payment transaction(s) with the subject, a narrative description of the contact(s), general narrative description of the fraud, information on witnesses, information on other victims, identification of law enforcement or government agencies you have contacted concerning this matter, and any other information you believe to be pertinent.
***********

 

[It's A Happy Day]

If she had made an "error" in her listing she had the opportunity to cancel the auction. Just because someone may not fetch the price expected does not give said person the right to say sorry but it was only choose a part of what is pictured. She did commit fraud if the auction was listed as the whole package and she now chooses to break it apart to maybe even relist separate items and make more money. It doesn't sound like the seller has lost possession of any items in sale but that she now doesn't want to complete the sale in it's entirety due to maybe the final price??? I would personally keep all correspondence and contact ebay as well. I would not leave a negative feedback until all venues of trying to work things out have been tried as alot of people will also leave retaliatory negative feedback that they did work things out with you but customer jumped the gun on leaving nf for them. If no response after a suitable amount of time with no resolution then leave -fb - maybe 30 days - as many people do go on vacation at this time of year so you really don't know if she is ignoring emails or just hasn't checked them - give the benefit but be persistant Ie:email the actions you will be taking if she does not respond within 7 business days etc.

 

[DMRick]

Show me the part where, if no money has changed hands what you posted is pertinent. I've read all of this, and it's been discussed on other posts. In the OP's case, it won't apply...no money was accepted. Nothing illegal happened in this bid. Do you know how many "joke" auctions are up on eBay daily? Can you imagine if the people who bid and tried to pay, and it was refused, had a legal case, how tied up all the lawyers would be (not to mention we'd miss some really funny auctions). I think you are not reading the OP's message..her money was refused. There is no law (or at least not one I can fine) that states a sale must go through or it's a federal offense, if no money has changed hands. Nothing was lost to the bidder. I think it stinks, but I can't see where it's a federal case..or even any case for that matter.

From the FederalTradeCommission www.ftc.gov

Internet Auctions: A Guide for Buyers and Sellers

Know Your Legal Obligations

Under federal law, you're required to advertise your product or service and the terms of the sale honestly and accurately. You can't place "shill" bids on your item to boost the price or offer false testimonials about yourself in the comment section of Internet auction sites.


You're prohibited from auctioning illegal goods. While many auction sites monitor their sites to ensure that illegal items are not being offered, the responsibility for ensuring that a sale is legal rests with the seller and buyer. Some auction sites post a list of prohibited items as a guide.


You are required to ship merchandise within the time frame specified during the auction, or, if a time frame is not specified, within 30 days. If you can't meet the shipping commitment, you must give the buyer an opportunity to cancel the order for a full refund or agree to the new shipping date. To learn more about your responsibilities when shipping products, see A Business Guide to the Federal Trade Commission's Mail or Telephone Order Merchandise Rule.

 

[DMRick]

She did commit fraud if the auction was listed as the whole package and she now chooses to break it apart to maybe even relist separate items and make more money. .

What kind of fraud is it, when she accepted no money? She changed her mind. While it may be against eBay rules..I know of no law she broke. She can be reported to eBay, and they'll send you the Internet Fraud Complaint center that someone posted here..but once you start filling out their forms, you'll see they want to know how much money you are out. In this case, nada. Not against the law to change your mind if no money has changed hands. Those steps eBay shows are for buyers..and until you pay, you aren't a buyer. Don't get me wrong..I think it stinks, but there really is no recourse other than to leave a neg, and the report may get the person suspended if it's happened several times..here is the site for all the seller non performance. Most long time eBayers will tell you that eBay doesn't want to lose any revenue. So unless the seller does this often, she'll just get a warning.
http://pages.ebay.com/help/policies/seller-non-performance.html

 

[It's A Happy Day]

Quoted from ebay...
-------------------------------------------------------------------------
Seller Non-Performance

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:

Fail to deliver an item for which payment was accepted.
Significantly misrepresent an item by not meeting the terms and item description outlined in the listing.
Refuse to accept payment for an item at the end of a successful sale.
Refuse to accept a buyer’s PayPal payment using a credit card if the seller included the PayPal logo in the listing which signifies the seller will accept PayPal payments. Sellers are not permitted to state in their listings that PayPal payments made via credit card will not be accepted.

Violations of this policy by a Seller may result in a range of actions, including:

Listing cancellation
Limits on account privileges
Account suspension
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Referral to Law Enforcement

A buyer who believes that a seller has not honored a contract should read the Additional Information section below to understand what remedies are available to the buyer.
-------------------------------------------------------------------------
Jjust refusing payment for a successfully won transaction is against the rules of ebay. A seller should/would realize their "mistake" and correct or cancel their listing before ending it with a winning bid! I realize that it will probably just mean a slap on the wrist for the seller or possible banning from selling if a repeat offender as well as a nf in their rating system.

 

[kizmac]

Honestly, there is not much you can do. If a seller refuses to complete the transaction, you can file a complaint with ebay and paypal, but that will most likely do nothing unless the seller has had many previous complaints.

Yes, unfortunately there is nothing you can really do other than what the above poster suggested. Do be sure to file complaints with Ebay and Paypal asap though and leave negative feedback so atleast others will know her game. Sorry you didn't get what you won. That really stinks that she won't live up to her end of the deal.

 

[DMRick]

I agree it's an eBay violation (and they usually don't do anything about it, unless it's happened often), but I don't agree it's against the law or a federal offense, when no money has changed hands. Thanks for posting it all..I was lazy and just gave the url.

QUOTE=It's A Happy Day]
Jjust refusing payment for a successfully won transaction is against the rules of ebay. A seller should/would realize their "mistake" and correct or cancel their listing before ending it with a winning bid! I realize that it will probably just mean a slap on the wrist for the seller or possible banning from selling if a repeat offender as well as a nf in their rating system.[/QUOTE]

 

[allyphoe]

I don't agree it's against the law or a federal offense, when no money has changed hands.

If there's a current acceptance of the auction price at the end of the auction, the seller's listing becomes an offer to sell, and you've got a legally binding contract. If the buyer fails to tender payment, the buyer is in breach, so long as the seller tendered shipment. If the seller fails to tender shipment, the seller is in breach, so long as the buyer tendered payment. (There are exceptions for things like impossibility of performance, but none of them appear to apply here.) They can agree to mutually rescind the contract, but neither can unilaterally rescind the contract.

Here, the buyer tendered payment, the seller repudiated the contract, and the seller is in breach.

The buyer's damages in this case are the cost of buying the auction items elsewhere less the ending auction price. So if she'd won the auction for $5, and then bought the same items elsewhere but the best price she could get was $20, she'd have a cause of action for $15.

Now, it's probably not worth it to sue over low-dollar stuff like that, but if you add a couple of zeros to the end, it is.

Not a lawyer, but I had 3 credit hours of Uniform Commercial Code over the summer, and this is pretty basic stuff.

Phoebe

 

[DMRick]

Payment was never accepted. I stand by what I said. This has been batted around for years on the eBay boards, and believe me, some of the items not delivered would have been well worth it to take to court. But find someone willing to tell a judge no money changed hands, but they want the item or worth anyway. I'd have to see case law to believe it it's a federal law (I'm open to reading it, if you have a reference). The girl said she made a mistake...was never a law against that, that I have seen.