Buyer does not want to pay the winning bid

Chalky87

jenniferpa wrote:

Actually, I think you'll find that it's not a legally binding contract, no matter what ebay or you say.

In my opinion it is a legally binding contract, there has been the process of offer and acceptance and so once the auction had been ended a contract between the offeror and offeree has come into affect.

However, regarding the original matter as others have said I would look to claim the fees back, maybe even give the buyer a ring if you can get their information off of eBay. Is there still time left before this concert happens?..maybe you could relist and cancel bids from new 0 rated bidders...unless they contact you first providing a number etc.

jenniferpa

Whether it's a legally binding contract would rest a great deal on whether the OP followed the guidelines laid out by Soolin in her post above. Probably the most important one from a legal point of view is: did the auction clearly state the face value of the tickets? If it didn't, it's not contravening ebay's rules, it's contravening the Resale of Tickets act with appropriate criminal penalities. As far as I'm aware, there is little in terms of case law regarding online auctions, and that's where enforceability lies.

I personally find it distasteful that individuals would not honour these "contracts" but whether it's more than morally reprehensible, the courts will have to decide.

Tribal

Email the dunce, saying the sale is void as full payment was not forthcoming (in 7 days, whatever) and relist the darn tickets before it's too late! Suing ain't gonna be worth it, who's got the time, the inclination or the wherewithal? A zero feedback dude is not going to hassle you for not selling them to him/her, and if the payment arrives (IN FULL) you still have the option of sending the tickets.

Chalky87

jenniferpa wrote:

Whether it's a legally binding contract would rest a great deal on whether the OP followed the guidelines laid out by Soolin in her post above. Probably the most important one from a legal point of view is: did the auction clearly state the face value of the tickets? If it didn't, it's not contravening ebay's rules, it's contravening the Resale of Tickets act with appropriate criminal penalities. As far as I'm aware, there is little in terms of case law regarding online auctions, and that's where enforceability lies.

I personally find it distasteful that individuals would not honour these "contracts" but whether it's more than morally reprehensible, the courts will have to decide.

I agree with you on that.

Tribal - I don't think anyone is suggesting that the OP should sue, it wouldn't be worth it in this case, but its just nice to see the legal side of things discussed as well! For me anyway....as I had a business and company law exam and its still fresh in the mind:T

bingo_bango

jenniferpa wrote:

Probably the most important one from a legal point of view is: did the auction clearly state the face value of the tickets? If it didn't, it's not contravening ebay's rules, it's contravening the Resale of Tickets act with appropriate criminal penalities. As far as I'm aware, there is little in terms of case law regarding online auctions, and that's where enforceability lies.

Please take heed that the regulations quoted by jenniferpa only apply to BUSINESS sellers. Private sellers are not subject to the regs, so the OP's auction did not contravene the regs.

What happens when business sellers flout the regs? What follows are some excerpts from a press release about the compulsory winding up of GETMETICKETS.NET.

'GMT flouted regulations requiring it, as a ticket re-seller, to disclose to customers the original face value of tickets. The court heard how the company sold tickets at hugely inflated prices to fans, some paying a mark-up of a thousand percent. '

Consumer Minister Ian McCartney said:-
"This ruling blows the final whistle on GetmeTickets, sending out a message to anyone low enough to prey on fans' passion for music and sports events. I am determined to stamp out these rogues and protect consumers from losing their hard-earned cash. "

The Price Indications (Resale of Tickets) Regulations 1994 require that anyone who, in the course of a business, re-sells, or offers to re-sell a ticket for an entertainment event and who indicates the price at which the ticket will be available must give information to the purchaser, including the information printed on the ticket, its original price, and the rights it confers.

Chalky87

Useful information.:beer:

IAmATeaf

aav wrote:

If he does not pay the next highest bidder is £90 so I would be at a loss to offer a second chance offer. How long should I waite until I contact Ebay? What would they do?

Don't understand how that can be the case unless you were shill bidding against the eventual winner

jenniferpa

whitey1987 wrote:

Useful information.:beer:

Ditto!

Jennifer

mike230652

aav

The George Michael tickets are non-transferable, that's part of the conditions unfortunately.

My feeling is if you give them a neg...they'll hit you with the same...stating that you were attempting to sell non-transferable tickets and / or selling goods you can't supply within 30 days of the end of the auction.


I understand you're annoyed..not least since the bottom is falling out of the GM ticket market ( Like soolin I buy tickets on eBay...but always wait until 2-3 weeks before the gig, when prices nearly always drop..) ....but I don't think there's too much you can do about it....sorry. Others have put it far more eloquently than me.....but I very much doubt you'll get any help from eBay if your non-buyer uses the arguments above.

Must admit I'm confused about the second next bid...can you let us know how that came about??

Good luck and hope he/she coughs up.

Mike

jenniferpa

If Mike's correct, and these are non-transferable tickets, then it couldn't be a legally binding contract. I would also be interested in how they reached this price, if the next highest bid was so much lower.