Is a seller on Ebay legally obliged to sell ?

Chimaera15

I've seen lots of threads on here and elsehwere about the legal situation with a non paying bidder on Ebay , but what about the commitment on the seller ? I've always thought the auction was legally binding on both buyer and seller.

I recently won an auction for a set of wheels , I must admit they were cheap , but the listing was active and seemed genuine enough so I bid just before the end and I won. I got an email from Ebay saying I'd won, and a reminder that I needed to pay .
But when I contacted the seller ( less than 24 hours after the auction) to arrange to collect and pay for the wheels, he refused to sell them to me !

What is more he has relisted them at a higher price !

I raised this with Ebay , they said the sale was legally binding and that he was in breach of their rules, they also said he would be 'punished' so I was hopeful that I would get my wheels. But then they said that they would not take legal action, and could not force him to sell to me .

The wheels are still for sale at the higher price so clearly they have let him continue.

Have I got a legal claim to these wheels ? Can I enforce the sale ? If I can how should I do this ?

CPPN_Phil

I have had the same issue. I recently "Won" a Ducal TV Display unit. I emailed the seller and asked when would be a good time for me to collect the unit and pay.
I hear nothing for a week and got the reply...
"I do not seem to see what the final bid was but if it is £9.50 then I am
afraid I am not prepared to sell a Ducal furniture for that price.Sorry to
disappoint but hope that you received my earlier email saying that my
computer has been down for some two and a half weeks."

the final bid was actually £6.50, but this is not the point.

I asked ebay and was told...


Phil, I can understand your situation. We cannot force the seller to sell the item, similarly, we cannot force the buyers in case they are not pay for the item. We can take necessary action on the seller's account.

Where do I stand? It's not my fault that the seller didnt put a reserve on the item.

toffe

I'm not aware of anyone being successful in forcing through a sale on ebay where the seller backs out.

I'd say your chances of success are limited.

You do of course have the option to report him to ebay, which i see you taken, and you should be able to leave him a negative and low drs for not honouring the sale which is against ebay policy and well deserving of a negative feedback and low dsrs.

Beyond that you might be chasing a dead end.

Hintza

Well I would say that the seller is (supposedly) legally required to sell them. However as with all these things in most instances you would need the court to back you up (time and money) and there is always the chance you might lose. So for all intents and purposes I agree with toffe.

Now if it was me I would snipe them and then go round to collect and offer to pay him the original price. I hope you paid for them the first time round so he can't hit you with a NPB.

pinkshoes

Chimaera15 wrote: »

I've seen lots of threads on here and elsehwere about the legal situation with a non paying bidder on Ebay , but what about the commitment on the seller ? I've always thought the auction was legally binding on both buyer and seller.

I recently won an auction for a set of wheels , I must admit they were cheap , but the listing was active and seemed genuine enough so I bid just before the end and I won. I got an email from Ebay saying I'd won, and a reminder that I needed to pay .
But when I contacted the seller ( less than 24 hours after the auction) to arrange to collect and pay for the wheels, he refused to sell them to me !

What is more he has relisted them at a higher price !

I raised this with Ebay , they said the sale was legally binding and that he was in breach of their rules, they also said he would be 'punished' so I was hopeful that I would get my wheels. But then they said that they would not take legal action, and could not force him to sell to me .

The wheels are still for sale at the higher price so clearly they have let him continue.

Have I got a legal claim to these wheels ? Can I enforce the sale ? If I can how should I do this ?

I've never heard of anyone legally being able to force the sale. I've heard of sellers receiving legal threatening letters, but no idea if they actually had to pay up or not! I suppose you could argue you won fair and square, and try to make them pay the difference between what you won them for, and the next cheapest set of wheels.

How much money are we talking about here?

You could try paying by Paypal, as at least then you won't get a strike for being a non paying buyer.

If they offer a mutual, then REFUSE it.

After say 7 days, then if it doesn't arrive (it won't!) leave negative feedback for the seller.

Not much else you can do.

Equaliser123

There is a principle in law called "specific performance" which requires a party to continue with a contract he has entered. It is a bit like an injunction.

However, if damages would be an adequate remedy then it is not available. It is really only reserved for 'one off' type products/services.

esuhl

If I remember rightly, sales on eBay are legally binding, with certain exceptions (such as motor vehicles - not sure if this is what the OP meant by "a set of wheels"?!)

eBay probably have certain rights (as determined by their terms & conditions) to take action, but are not obliged to do so (by the sound of it).

If you win an auction and do not receive the goods, you can sue the seller for damages. If most shops sell the set of wheels for £50 and you won an auction in which you offered £20, then you could sue the vendor for the difference (i.e. £30) and obviously anything you'd paid would also be refunded.

It's actually pretty straightforward to sue someone in the County Court. The Courts Service have set up the Money Claim Online website where you can begin a claim online.

zorber

nope its not legally binding, you cant force the the seller to sell.
Same principle if you go into a shop and you find an item at the wrong price the shop can withdraw it from sale prior to you attempting to purchasing it and you have no comeback.

After you have reported him though he wont be getting his fees back so at least it has cost the something.

toffe

I think if the seller cancels before any money changes hands it makes it alot harder to claim damages as you are no worse off than you were prior to the seller canceling so what are you asking to be compensated for?

Compensation usually relates to either loss or suffering, i don't think either could be argued in these type of cases.

Equaliser123

zorber wrote: »

nope its not legally binding, you cant force the the seller to sell.
Same principle if you go into a shop and you find an item at the wrong price the shop can withdraw it from sale prior to you attempting to purchasing it and you have no comeback.

After you have reported him though he wont be getting his fees back so at least it has cost the something.

That is simply not correct. It is legally binding as per the terms and conditions. Further, the 'fall of the auctioneer's gavel' or the Ebay equivalent is trite law as the sign that a contract has been formed.

Greatgimp

All very nice with 'you must do this...', 'they must do that...', and 'you can do this if not...' but in the real world, just try getting your money or goods, or just try enforcing the contractual obligations. It ain't gonna happen. Just give up, call the buyer/seller a twonk and get on with your life,.