YAET: Ebay seller relisted an item he sold to me but never shipped!?

[RIGorous1]

hello,

about two months ago I won an auction for a pair of oakley penny sunglasses. The seller immediately emailed me after the auction ended saying that he sold them to someone else. I didn't believe him, ofcourse, but since money had not been sent I just left negative feedback. I suspect that the seller didn't sell it to me because the item sold below average market value. Well this week the seller has listed the same exact item with the same description (I suspect because the market value has risen and he wants to try again).

My question is: Is the seller still responsible to sell this item to me?

I would like to think so, because our contract was legally binding since the first auction ended successfully, and now he has the capacity to sell the item to me. Ofcourse this is only opinion, but I would like to hear what you think.

its item #8163891123... if you check his feedback you'll see my negative feedback and the item he was supposed to sell me (note the exact description, yet new picture).

Also: this kind of activity has to be against ebay policy, right?

 

[mwtgg]

Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

 

[jagec]

you already left him negative feedback...I'm sure it's against ebay policy to do what he did, but ebay certainly isn't very good about enforcing things.

Ultimately, no one sells stuff on ebay at a loss anymore. It's just not worth it to buy stuff there, unless you can't find it anywhere else.

 

[lavagirl669]

report it to Ebay, hopefully they will do something about it.

 

[Spencer278]

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

 

[mwtgg]

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

 

[RIGorous1]

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

I'm not sure about the details of ebay, but since he let the no reserve auction end, that means that the item is sold to me. Now I'm not sure if there's a statute of limitation on how long he liable to sell to me, but I still want my item.

If anything this item should be closed right? Either because this item belongs to me, or because this activity is prohibitted.

 

[aidanjm]

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

:laugh:

 

[RIGorous1]

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

LMAO!!!! OMG that would be the ultimate revenge! :beer: for you

OMG can't stop laughing!

 

[RIGorous1]

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

 

[Spencer278]

Originally posted by: RIGorous1

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

Legally yes, if you had any way to enforce the contact you could force him to sell you the sunglasses. I don't think he could force you to purchase them at this point because he has already breached the contract.

 

[ViRGE]

Originally posted by: RIGorous1

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

It's over, you're not getting it. You left the negative feedback and didn't lose any money, move on.

 

[RIGorous1]

Originally posted by: ViRGE

Originally posted by: RIGorous1

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

It's over, you're not getting it. You left the negative feedback and didn't lose any money, move on.

that's not the point though... if anything he is "fishing" on ebay to get a better price on an item that should be sold. You have to agree that this is illegal...?

 

[Blazin Trav]

He owes you some sunglasses. If eBay can't do anything sue him.

 

[ViRGE]

Originally posted by: RIGorous1

Originally posted by: ViRGE

Originally posted by: RIGorous1

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

It's over, you're not getting it. You left the negative feedback and didn't lose any money, move on.

that's not the point though... if anything he is "fishing" on ebay to get a better price on an item that should be sold. You have to agree that this is illegal...?

Yes, but at this point it's not worth the effort to try to deal with him on either your part of theirs since the court costs would be greater than that of the glasses, and you'd have a hard time proving fraud since you weren't defrauded out of anything. eBay has bigger fish to fry until this guy defrauds someone, or starts doing this in large quantities. They're still getting their listing fee, after all. You're not getting the glasses and you're not getting revenge, so all you can do is move on.

 

[Yo Ma Ma]

Originally posted by: RIGorous1

Originally posted by: ViRGE

Originally posted by: RIGorous1

Originally posted by: mwtgg

Originally posted by: Spencer278

Originally posted by: mwtgg
Don't you enter in a legal contract? If yes, I would say there's something wrong with what he did.

That only applies to the buyer. Just make a junk account bid up really high then when he ask for payment tell him you already sold the money.

A contract consists of two or more parties, it's not just one-sided.

So do you think that this contract still stands? meaning I have to buy and he has to ship?

It's over, you're not getting it. You left the negative feedback and didn't lose any money, move on.

that's not the point though... if anything he is "fishing" on ebay to get a better price on an item that should be sold. You have to agree that this is illegal...?

Like someone said above, you can and actually should report the seller to ebay, they have violated the contract. That said, if they don't want to sell you a pair of glasses at a loss, then you won't be getting the glasses.

 

[b0mbrman]

Originally posted by: jagec
you already left him negative feedback...I'm sure it's against ebay policy to do what he did, but ebay certainly isn't very good about enforcing things.

Well...they're good at enforcing things when a seller has been wronged. Remember that the direct source of all of Ebay's revenue comes from the seller...

Oh, and if you want Ebay to take down a seller with lots of feedback and completed sales, you can just forget about it...

Ultimately, no one sells stuff on ebay at a loss anymore. It's just not worth it to buy stuff there, unless you can't find it anywhere else.

Yeah, they don't sell at a loss but they sell with wholesale costs and w/way less overhead than traditional places...I still manage to find stuff a lot cheaper there than at B&M/online stores. You just gotta be careful.

 

[yoda291]

unless you actually won the auction, you never entered a legal contract because the seller has a contract with the auction winner. Considering he cancelled the auction, there was no winner.

It's against ebay policy to cancel an auction just because it didn't go high enough. That's why there's a reserve price. But you likely won't get anywhere since all he has to do is say either "I have several of these glasses", or "the person who was going to purchase flaked out on me."

 

[b0mbrman]

Originally posted by: yoda291
unless you actually won the auction, you never entered a legal contract because the seller has a contract with the auction winner. Considering he cancelled the auction, there was no winner.

It's against ebay policy to cancel an auction just because it didn't go high enough. That's why there's a reserve price. But you likely won't get anywhere since all he has to do is say either "I have several of these glasses", or "the person who was going to purchase flaked out on me."

Yeah, but the auction did end

 

[imported_Mike]

You left negative, move on....there isn't anything you can do.

 

[CTrain]

Move on. Its not like its a one of a kind item that you can't find elsewhere.