Ebay seller refusing to sell......

grintricha

proper businesses will often not honour mistakes in pricing, you can hardly expect del bay trotters to be any different

[Deleted User]

shaun_from_Africa wrote: »

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.

Extremely useful to have details of an actual case.

Many Thanks

bris

charles_w wrote: »

Extremely useful to have details of an actual case.

Many Thanks

Yes, but this was an auction, as an auction all bids are final, unless the auctioneer allows you to cancel. As such the hammer fell (or in this case time running out) then the contact must be honounered.
The OP was a buy it now, different rules.

[Deleted User]

Thank you for your help.

Would you be able to point me in the direction of a resource that suggests a contract formed under ebay's "Buy it Now' system differs in law from a contract formed under their traditional auction format ?

[Deleted User]

bris wrote: »

Yes, but this was an auction, as an auction all bids are final, unless the auctioneer allows you to cancel. As such the hammer fell (or in this case time running out) then the contact must be honounered.
The OP was a buy it now, different rules.

Thank you for your help.

Would you be able to point me in the direction of a resource that suggests a contract formed under ebay's "Buy it Now' system differs in law from a contract formed under their traditional auction format ?

Fireworks

I think that if the money has been taken out of your account then you have paid for the item, and the seller must give it to you, if you want to take a refund then that is up to you.

if the seller changes his mind and you havn't had money taken from your account then i think it is a different story

Cool_Mint

shaun_from_Africa wrote: »

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.

To me that is just vindictive. Very often sellers will list an item in the wrong section, make spelling mistakes or enter the wrong starting price, I wouldn't hold any grudge against a seller withdrawing an item for those reasons so long as they contacted me and apologized although it would be better if the seller cancelled the sale before the end of the auction.

mikey72

Cool_Mint wrote: »

To me that is just vindictive. Very often sellers will list an item in the wrong section, make spelling mistakes or enter the wrong starting price, I wouldn't hold any grudge against a seller withdrawing an item for those reasons so long as they contacted me and apologized although it would be better if the seller cancelled the sale before the end of the auction.

It's also only been reported on that one site, by themselves, and the only proof is a copy of a non specific judgement. Perhaps other cases wil be taken by them?

RHemmings

shaun_from_Africa wrote: »

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.

Absolutely excellent information. For too long we've had people saying that there definitely is a contract, or is not a contract, without really knowing what they're talking about. This case finally gives more solid information.

shaun_from_Africa

To me that is just vindictive. Very often sellers will list an item in the wrong section, make spelling mistakes or enter the wrong starting price,

If it was a new seller, I would agree with you.
However, it was someone with plenty of experience selling on ebay. The auction was running for 10 days, and the seller had amended the listing at least twice so they had plenty of opportunity to end it and relist if they had made an honest mistake.

What does the seller state in the ad?
"I take extreme care when listing items for sale" and "unpaid item dispute opened after 4 days".
So they have stated that they check their listings carefully, and the 2nd statement shows that they are unwilling to accept mistakes made by buyers, so why should any buyer accept a mistake made by them?