Ebay seller refusing to sell......

[Deleted User]

Oliver14 wrote: »

Ahh no it's not. No matter what ebay it's not a legal contract. The seller legally can refuse to sell. if they made a habit of it they could be referred to trading standards but thats as far as it goes. The bit about claiming the difference is just a myth i'm afraid.

Even if you have paid and they have accepted the payment ? I would have thought at this point a contract is formed.

wealdroam

charles_w wrote: »

Even if you have paid and they have accepted the payment ? I would have thought at this point a contract is formed.

Have a look at my earlier post.
Your answer is there... follow the link.
:beer:

squeaky

Hi all,

Perhaps the experienced sellers on the eBay board can help with this one, so I'll move the thread across there.

Forum_Team wrote:

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL='forumteam@moneysavingexpert.com']forumteam@moneysavingexpert.com[/EMAIL]

paddedjohn

charles_w wrote: »

Even if you have paid and they have accepted the payment ? I would have thought at this point a contract is formed.

The contract is not formed until the item has been dispatched, you are entitled to a refund and nothing more.

theonlywayisup

Irrespective of the legal advice or lack of, given here. In real terms you cannot force the seller to sell.

Your options are either to accept their explanation and allow the cancellation, thus refunding the fees. Or to report the seller to Ebay as a non performing seller and leave appropriate feedback.

Either way, you need to accept you are not getting the item, so move on.

martinthebandit

Well at least he was honest, he could have just said that he has noticed some damage to the item when wrapping it or somesuch

'Suck it down and move on, life is too short' is the best answer really.

shaun_from_Africa

There was a lot of publicity over this case a short while ago.
http://www.e-sue.co.uk/recent_work.htm
One of the links shows the item in question, and the other is a copy of the court order.

Our client won this French dining room table http://www.e-sue.co.uk/docs/eBay_ad.jpg from an eBay seller for just £51.00, which was actually worth over ten times this amount. The seller refused to part with the table and refunded the £51.00 via PayPal, telling our client to sort his problem out with eBay.
Instead e-sue drafted county court proceedings for the loss of bargain suffered, which the eBay seller defended vigorously.
The court ruled that the winning bid created a binding contract between seller and buyer, and that the seller breached her contract by refusing to allow collection.
Judgment for over £650.00 http://www.e-sue.co.uk/docs/eBay_Judgment.jpg was awarded to our client for the loss of bargain suffered. However the eBay seller refused to pay, so e-sue then prepared to take a second charge over her home, resulting in an immediate bankers draft for the full amount.

sharnad

Report him as a non performing sellerjopefuly everyone else he does it to does the same

hermum

Report it as above post, too many of them & the seller could eventually have their account suspended.

Hammyman

charles_w wrote: »

Which is a shame really. Why should a seller be able to enter into a contract, knowingly fail to honour their side and be able to do this because it is difficult to enforce ? It is a business rather than an individual who is the seller.

Why shouldn't they? Plenty of buyers do exactly that and the concensus is the seller should just take it on the chin. Reap what you sow and all of that.