Buyer wanting to cancel...

Mokeyjen

Hello!

I sold an item on Sunday for a pretty decent amount then today I get a message from her saying that someone has already bought her one of these so can she cancel...

Where do I stand on this?

Is it best just for me to do a second chance offer to the next highest bidders and relist if necessary? Or shall I argue with her to get her to pay?

Never really had to deal with this so not sure what to do!

Thanks

Azari

It's always best to keep buyers happy even if it means they are no longer buyers.

It's a nuisance, to be sure, but if you let her cancel at least you should get good feedback.

frivolous_fay

You can't make her pay, but you may choose to punish her with a strike for mucking you about.
I would. Ebay doesn't need her type.

Crowqueen

Since she has contacted you, personally I would send her a mutual cancellation.

If you are a business, your buyers often have a legal right to cancel the contract before paying, so it's not as clear cut as Fay suggests. Some buyers assume these rights extend to all items. It sounds like OP is a private seller though - but I'd still offer the cancellation. It's only day 2 so it's not like you have been waiting for a long time.

iecuk

Personally I would agree to the cancellation as going down the other route could cause you a lot more grief than it would be worth. Just make sure you submit a cancellation request to eBay (you follow the "unpaid item disspute" route but choose to cancel instead IIRC). The buyer has to confirm the cancelletion for eBay but it ensures you will get your selling fees back.

You would then be free to make a second chance offer or relist.

HTH,

iecuk

soolin

I'm with fay, go for a full NPB on day 4 and get your fees back. Anyone daft enough to buy something they don't want is not to be trusted with a mutual and why risk losing your FVfs on such a poor buyer.

If you are nervous about doing it do it 'by accident' open the full NPB on day 4 and if buyer asks what you are doing just tell them that you asked ebay and they said that was the way to get your fees back, and play dumb. If they don't then pay you can close the nPB 4 days later and buyer cannot leave feedback.

George666

Crowqueen wrote: »

Since she has contacted you, personally I would send her a mutual cancellation.

If you are a business, your buyers often have a legal right to cancel the contract before paying, so it's not as clear cut as Fay suggests. Some buyers assume these rights extend to all items. It sounds like OP is a private seller though - but I'd still offer the cancellation. It's only day 2 so it's not like you have been waiting for a long time.

Hi OP I disagree with this if you sell an item on ebay and the buyer wants to back out wait until day four and open a non payment dispute if they do not pay four days later close it and give them a strike and forget about it this makes sure you get your fees back.
The legal question here is meaningless as the buyer has agreed to ebays terms and conditions they are not being forced to buy the item, so there is never any legal issue in a case like this regardless of if you are a business or private seller.
On ebay it is as clear cut as fay says as all buyers enter an agreement when opening an account which makes a bid binding for the buyer on ebay and a strike given perfectly legal.
I am sure ebay has very well paid and trained solicitors who write up these agreements and know a lot more about consumer law than anyone who posts on forums myself included, and that means a buyer cannot do anything about geting a non payment strike put on their account either by a business or private seller I for one would not like to argue with ebays legal team and accept that as a buyer if I do not pay a strike will be put on my account as I agreed to when I opened my ebay account.
When you agree to using a third party service like ebay you also agree to their terms and conditions regardless of if you are a buyer or seller and when the company is as big as ebay you can count on the fact it is legal.

George666

One other point to note when a non payment case is found in your favour the buyer is then no longer allowed to leave any feedback for the transaction as Soolin said.
on a mutual cancellation they are still allowed to leave feedback.

Crowqueen

The legal question here is meaningless as the buyer has agreed to ebays terms and conditions they are not being forced to buy the item, so there is never any legal issue in a case like this regardless of if you are a business or private seller.

On the contrary, no user agreement or contract can override the statutory rights a buyer has, and one of those on BIN sales from business sellers is the right to change their mind and cancel the contract, even before payment.

A buyer has the right under the DSRs to cancel the contract until 7 days after receipt. If they are exercising that right, it might be considered aggressive tactics to sanction their account. This is one reason why eBay actually provide an option to mutually cancel the transaction.

I agree they have no automatic rights here, but in principle, the first paragraph there holds true. A customer gets certain protections under eBay's user agreement, but those cannot set aside the additional rights they have under the law.

soolin

Crowqueen wrote: »

The legal question here is meaningless as the buyer has agreed to ebays terms and conditions they are not being forced to buy the item, so there is never any legal issue in a case like this regardless of if you are a business or private seller.

On the contrary, no user agreement or contract can override statutory rights a buyer has, and one of those on BIN sales from business sellers is the right to change their mind and cancel the contract, even before payment.

However the ebay process does not allow them to do that and the only way a seller can guarantee their fees back is to do a full NPB.

Crowqueen

soolin wrote: »

However the ebay process does not allow them to do that and the only way a seller can guarantee their fees back is to do a full NPB.

On the contrary, there is the option of a mutual cancellation which fulfils this need to be able to cancel the transaction without stepping on the buyer's rights, whether or not they've paid.

I'm surprised you are suggesting that eBay procedures take precedence over what is the law of the land. eBay does not exist in a legal vacuum.