maximus maximus
Platinum Member
Here is my situation. I purchased a car from ebay from a seller and the seller is just 3 hours away from where i stay. As soon as I purchased the car, I contacted the seller and arranged for pick up over the weekend. At the last minute, the seller informed me that he was unavailable over the weekend.
I arranged for pickup next weekend and the same thing happened. The seller was unavailabe. I talked to the seller and told him that I was about to go on a vacation for thanksgiving. Also, since we were unable to arrange something at a common time, he would use the second chance option to the next highest bidder.
I said Ok, and he went ahead and made second chance offer to the next highest bidder.
I assumed that since the car has been already offered for second chance offer, I am no longer required to buy this car from him. I needed a car badly before thanksgiving (I did not tell this to the seller because this was a personal constraint that I had), so I purchased one more car from ebay and completed the transaction before thanksgiving. (No problems with that deal).
Fast forward to today, the seller files a dispute that I have not paid for the item. He tells me that the second chance offer guys did not buy the car from him either. He also emails me saying that my bid is a legal contract and he will take me to the court.
I dont know if he is joking or if he is serious. Can anyone give me some advice on how to handle this situation? I would really appreciate any help.
Update : Please see the dispute log. Please read from bottom.
seller
If YOU had a problem with only being able to pick up on certain days then YOU should have asked if
that was ok BEFORE YOU bid. I can't guess what days & its not my fault you couldn't arrange certain
special days to come & get this car YOU bid on & YOU won.
If you think your off the hook now just
because you think you have found an excuse & now have gone & bought another car, you have another
thing coming. I can legally take you to court & win as your bids were a legal binding contract!
me
Sir, I think there is some misunderstanding. I never said that I will buy it after thanksgiving. I
said I was going on a vacation and would be out for a month. To answer your question, I had every
intention of picking up this car BEFORE thanksgiving, please note that the delay was NOT from my end.
That is how / why I ended up buying another car.
I have honestly explained my situation and my side
of the story. I have nothing more to add.
seller
YOU said you could not get the car until after Thanksgiving & since we needed the money right away
that you would be ok if the next highest bidder was allowed to win the car. We did NOT want to do
that as we would get $100. less & be charged extra fee's but we needed to sell it & you not being
able to get right away put us in bind.
You said if we couldn't find another buyer the next time you
could come & get it was after Thanksgiving. Well??
How could you NOT get this one & yet buy another?
me
I am sorry 4 any mis-communication. When you offered the car for second chance option to someone else
, it basically means that you are offering the car for sale to someone else. Since you are offering
the car to someone else, I assumed that I no longer have to go through with this deal. The urgency
to buy a car was from a personal issue which I did not reveal to anyone. I purchased and paid 1 more
car(item:1700xxxxxx) b4 thanksgiving. You can check it. I am sorry for any inconvenience. Thanks.
seller
We were not able to work out a time the first 2 weekends, however you said even after that, you had
no way to come and get it at that time. I think it unfair to use that as an excuse then. You then
told me you would not be able to get it until after Thanksgiving then and to try the 2nd chance option.
Everyone passed as it had been too long and they had all gotten something else. Since your still high
bidder & did not tell me you wanted out of transaction, your still legally liable for purchase!
me
I was ready to pick up the item on 2 instances, but the seller was unavailable during that time. I
spoke to seller and since we could not work out a time for pickup, he said he would make a second
chance offer to the second highest bidder. In the interim, due to my urgent need for a car, I went
ahead and purchased another car.
eBay
An Unpaid Item dispute has been opened for the following item: Pontiac : Fiero (#2700xxxxxx)
Reason given for Unpaid Item: The buyer has not paid for the item.
Buyer actions reported by seller: The buyer has not responded.
I arranged for pickup next weekend and the same thing happened. The seller was unavailabe. I talked to the seller and told him that I was about to go on a vacation for thanksgiving. Also, since we were unable to arrange something at a common time, he would use the second chance option to the next highest bidder.
I said Ok, and he went ahead and made second chance offer to the next highest bidder.
I assumed that since the car has been already offered for second chance offer, I am no longer required to buy this car from him. I needed a car badly before thanksgiving (I did not tell this to the seller because this was a personal constraint that I had), so I purchased one more car from ebay and completed the transaction before thanksgiving. (No problems with that deal).
Fast forward to today, the seller files a dispute that I have not paid for the item. He tells me that the second chance offer guys did not buy the car from him either. He also emails me saying that my bid is a legal contract and he will take me to the court.
I dont know if he is joking or if he is serious. Can anyone give me some advice on how to handle this situation? I would really appreciate any help.
Update : Please see the dispute log. Please read from bottom.
seller
If YOU had a problem with only being able to pick up on certain days then YOU should have asked if
that was ok BEFORE YOU bid. I can't guess what days & its not my fault you couldn't arrange certain
special days to come & get this car YOU bid on & YOU won.
If you think your off the hook now just
because you think you have found an excuse & now have gone & bought another car, you have another
thing coming. I can legally take you to court & win as your bids were a legal binding contract!
me
Sir, I think there is some misunderstanding. I never said that I will buy it after thanksgiving. I
said I was going on a vacation and would be out for a month. To answer your question, I had every
intention of picking up this car BEFORE thanksgiving, please note that the delay was NOT from my end.
That is how / why I ended up buying another car.
I have honestly explained my situation and my side
of the story. I have nothing more to add.
seller
YOU said you could not get the car until after Thanksgiving & since we needed the money right away
that you would be ok if the next highest bidder was allowed to win the car. We did NOT want to do
that as we would get $100. less & be charged extra fee's but we needed to sell it & you not being
able to get right away put us in bind.
You said if we couldn't find another buyer the next time you
could come & get it was after Thanksgiving. Well??
How could you NOT get this one & yet buy another?
me
I am sorry 4 any mis-communication. When you offered the car for second chance option to someone else
, it basically means that you are offering the car for sale to someone else. Since you are offering
the car to someone else, I assumed that I no longer have to go through with this deal. The urgency
to buy a car was from a personal issue which I did not reveal to anyone. I purchased and paid 1 more
car(item:1700xxxxxx) b4 thanksgiving. You can check it. I am sorry for any inconvenience. Thanks.
seller
We were not able to work out a time the first 2 weekends, however you said even after that, you had
no way to come and get it at that time. I think it unfair to use that as an excuse then. You then
told me you would not be able to get it until after Thanksgiving then and to try the 2nd chance option.
Everyone passed as it had been too long and they had all gotten something else. Since your still high
bidder & did not tell me you wanted out of transaction, your still legally liable for purchase!
me
I was ready to pick up the item on 2 instances, but the seller was unavailable during that time. I
spoke to seller and since we could not work out a time for pickup, he said he would make a second
chance offer to the second highest bidder. In the interim, due to my urgent need for a car, I went
ahead and purchased another car.
eBay
An Unpaid Item dispute has been opened for the following item: Pontiac : Fiero (#2700xxxxxx)
Reason given for Unpaid Item: The buyer has not paid for the item.
Buyer actions reported by seller: The buyer has not responded.
