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eBay, legal question (opinions wanted)

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eBay, legal question (opinions wanted)

#1

Steven Antonucci

eBay, legal question (opinions wanted)

steve antonucci

>Some of you probably jinxed me with your kudos on my VB Lathe win on eBay. The seller finally contacted me today, and the net of it is that the seller refuses to sell the lathe at the end price of the auction.

Her story is bizarre, and highly unlikely. She claims that the lathe is worth $6K (which is likely true), and that she donated to a school to get the tax write-off (even at 6K, she'll only net $1500 in the 25% bracket...)

I also got that I don't know eBay, I needed to move...

Anyway, I'm looking for opinions on what should I do? I really wanted this item, and I'm sure that the truth is more likely that she got a better price and said screw me... Can I win in court? Ideas?

steve

Re: eBay, legal question (opinions wanted)

#2

Re: eBay, legal question (opinions wanted)

Andy in Raleigh

>The short answer is that eBay protects sellers until money changes hands and then they protect buyers. So if you haven't paid, you have no recourse. When you bid, you are making a promise to buy, but oddly enough the seller isn't bound by the offer to sell. There is justification and a longer legalese version, but that's it in a nutshell.

Re: eBay, legal question (opinions wanted)

#3

Re: eBay, legal question (opinions wanted)

Jerry Whitaker

>Steve, I have always been under the impression that the seller could yank it before the auction was over for some specific reasons but I think that EBAY would jump on their case if they yanked it from you after the auction had ended. I would contact Ebay and let them know what happened. In any case, I would leave some "horrible" feedback.

Re: eBay, legal question (opinions wanted)

#4

Re: eBay, legal question (opinions wanted)

Bill Howatt

>If there is no legal recourse,then maybe the best bet is to inform others.

When you buy something on ebay there is a form you can fill in about your satisfaction with the seller and the sale. Hopefully you can still do this even though the sale didn't complete. Small justice but you can warn others about the antics of this seller.

Bill

Re: eBay, legal question (opinions wanted)

#5

Re: eBay, legal question (opinions wanted)

Wayne

>Steve, Ebay just happens to be the world's largest Yard Sale! I would think that you can report her / them to the powers-to-be at Ebay and they will take some action directly against her, but you still lose.

For you to file a legal cival suite will end up costing you money and again you would lose. Depends upon laws of the state she is located in?

I believe you have to move on and pick your battles that you know you have a chance of winning.

Re: eBay, legal question (opinions wanted)

#6

Re: eBay, legal question (opinions wanted)

RonZ

>I really did wish you well so the evil eye didn't come from me.

This is sticky territory unless she stated that she will contact you first or you had no choice but to contact her first. If you paid and she renegged, she would be in trouble. If you didn't pay, at least you don't have to get your money back. She's probably divorced or widowed [I can see why] and was selling her SO's stuff and found out what it was really worth. If she wanted a minimum, it should have been there in her auction. It is 100% e-bay illeagal to do what she did and you can complain to e-bay and leave a rotten feedback. The only thing I would do is warn her of this first in case she still has the lathe and plans on selling it elsewhere. This might give her a chance to rectify herself. If not, do the above and tell her you'll post her particulars to the woodturning world so we'll all know to avoid her.

Re: eBay, legal question (opinions wanted)

#7

Re: eBay, legal question (opinions wanted)

RevDoug

>Steve,

By all means, give her the opportunity to make it right. Let her know that you intend to contact eBay. If she still refuses, make your contact with eBay and see what they can do about it. If you cannot get your lathe, then by all means leave honest feedback on her.

Re: eBay, legal question (opinions wanted)

#8

See post on handtools forum

Bob Hackett

>

Re: eBay, legal question (opinions wanted)

#9

Re: eBay, legal question (opinions wanted)

Charles McKinley

>Steve,

Read the ebay listing closely. If she did not state there was a reserve price, she would have had to put this in when she listed the lathe, or that she could end the auction early if it sold locally you should get the lathe. Ebay straight auctions are absolute auctions. When it ends the item is sold regaurdless of price.

If she is new to ebay too bad. Ebay is not that dificult and there is lots of help available. It is stated all over the site, "Your bid is a LEGAL CONTRACT." Definately contact ebay now and the state attourney generals office in the state she is in for advice. This is FRAUD!

I have sold and bought on ebay and sellers like this hurt all of us.

Just my $0.02

Chuck

Re: eBay, legal question (opinions wanted)

#10

Re: eBay, legal question (opinions wanted)

Andy in Raleigh

>You have the quote correct - "Your BID is a legal contract." However, the same is not true of the offer to sell. There are some practical reasons for it - something can happen to the specific item or the seller may find out that it's not described properly or whatever. There is never any confusion about what a dollar amount offered is and one dollar is just as good as the next. Also, sellers may reject buyers at their discretion. The buyer checks out the seller before making the offer and the seller checks out the buyer after the offer, sometimes after the auction ends (volume sellers can't check out all bidders, just winners). As is the case in many other facets of life, the rules made to protect the innocent are often abused by the unscrupulous (sp?).

Re: eBay, legal question (opinions wanted)

#11

Please keep us posted...

Peter Teubel

>...on the developments. It would be very interesting to see what the outcome will be.

Re: eBay, legal question (opinions wanted)

#12

Re: eBay, legal question (opinions wanted)

larry

>I would contact E-Bay directly. What this seller is doing is in direct opposition to E-Bay policy. At the end of an auction the item belongs to the buyer. The seller cannot retract the item, refuse to sell it, sell to anyone else. Look at the E-Bay contract. Contact them and get them involved!!!

Re: eBay, legal question (opinions wanted)

#13

Re: eBay, legal question (opinions wanted)

Doug Leite

>Steve,

While I hoped that you would get that lathe, I wonder how you were going to get it. Are you in the same city, town? Were you going to drive there? I ask because in her listing she states "local pickup only, no shipping", or something like that. I don't condone her methods and I agree that you should contact e-bay's dispute resolution service and file a complaint against her.

Aloha and good luck

Doug

Re: eBay, legal question (opinions wanted)

#14

Steven Antonucci

More info, questions answered

steve antonucci

>First- thanks for all the advice, consolation, and such in this time of grief.

More info about the auction- When I first came across it, I saw a very high ticket item with a very short description (about 8 words). I contacted the seller before bidding, to make sure that it wasn't a scam. Since the bidder had no Ebay history (and a rating of 0), I doubt that they even care about the "rules" or rating system Ebay employs.

Her claim of being a novice is most likely true. She set an open price of 50% of what she wanted, and no buy it now or reserve. Both of those things would have overcome the predicament she found herself in (a winning bid 40% lower than what she wanted it for).

I had planned on going to see the lathe with my truck to put a "down payment", and understand how to disassemble it to be moved. I would have probably done this over two days, and within a week. From a few pictures, it appeared to be "not impossible".

My main issue lies in the "ethics" of how she conducted herself after the auction had ended. I was certainly willing to go higher (and I had a bid that covered me for proxy bidding, since she ended the auction at 2AM EST). Instead of explaining to me that she had made a mistake with the listing, and give me another opportunity to buy it, she lied to me about what happened.

My only hope for her is that she is actually so stupid that she actually did donate it for a tax write-off. She will find out in April that a $6K write-off is not the same thing as $6000 (more like $1250-1500)

That's my story-

Steve