I have won a PS3 for 1p!!

nickinoodle_2

Good for u that u won it for 1p!!! think the buyer should give it to you for that.
If he wasnt prepared to let it go below a certain price then he should have set a reserve on it, and now because he hasnt, he cant turn round and say no sorry im not selling it now. Serves him right for trying to get out of paying a high fee by listing it so low!!

eggeggeggegg

nickinoodle wrote:

he cant turn round and say no sorry im not selling it now.

Glad to see you haven't bothered to read the whole discussion.
He can say hes not selling. Hes legally entitled to do so. Ebay isn't an 'Auction' and it hasn't got an auctioneer. If it was, then he would be obliged to sell (although that, in itself, could be argued against as he was trying to end the sale before its time, and the 'winner' put an offer in at that exact moment).

Blacksheep1979

eggeggeggegg wrote:

Glad to see you haven't bothered to read the whole discussion.
He can say hes not selling. Hes legally entitled to do so. Ebay isn't an 'Auction' and it hasn't got an auctioneer. If it was, then he would be obliged to sell (although that, in itself, could be argued against as he was trying to end the sale before its time, and the 'winner' put an offer in at that exact moment).

It is irrelevant as to wether ebay is an auction site you sign up and agree to certain terms and conditions. These terms and conditions form part of a contract and not following them is in turn breech of said contract.

eggeggeggegg

Blacksheep1979 wrote:

It is irrelevant as to wether ebay is an auction site you sign up and agree to certain terms and conditions. These terms and conditions form part of a contract and not following them is in turn breech of said contract.

Which is similar to me opening up a forum and the T&Cs declare you must drive everywhere at 100 mph. It doesn't make it law.
Ebay can kick the user off for not selling the item, as its in there T&Cs and hes breached the T&Cs of that site, but it doesn't mean the person has to sell it in law.

Blacksheep1979

Yes but your 100mph ruling would breech uk laws (which contracts can't do) and would be covered by Unfair (Contracts) Terms Act 1977. If two people have agreed to do business under a set of terms and conditions, as long as those terms and conditions are legal ie not driving at 100mph and also comply with current uk legislation they will form a contract.

Its not a law - its a contract which is different. Legally he doesn't have to give it over to the other person, true, but the other person can seek damages for breech of contract.

If it was a law then the seller would have comitted a criminal offence by breaking said law and that would call for police intervention.

neilwoods

No Blacksheep, the buyer can not seek damages of any kind, as the sales on ebay are classed as private sales, between the seller and the buyer.

In which case the his buying rights are different to what he would have if this a trader. in other words it is "The legal principle of caveat emptor, or 'buyer beware', operates" in other words he has no rights.

The T&C on ebay is between yourself and ebay not you and the buyer.

had the seller sold the item and taken his money and refused to refundor send the item, then the buyer would have a case, but only for defraudment (that word may not be correct, but you get the meaning)

Daz

crompton wrote:

I suggest you either ask for a refund.....

What, for 1p????? Are you serious?

smashed

Personally, (and a LOT of people have an opinion on this)...

The Seller SHOULD have...
a) sold to the highest bidder
b) have put a reserve price on if they didnt want it to go cheap
c) have not put it on ebay uk in the 1st place
d) gone against ebay rules and said he would stop the auction early for "serious bidders" in an attempt to reduce his fees.

The buyer wont get the item for 1p (And the seller probably sold it somebody else anyway). I, as the buyer, would contact ebay and let them know al lthe things he did against the rules...

Like somebody else said... it smacks of double standards in here that people got on the buyers back.

greytroot

This is a disgraceful situation the seller could have used a reserve or buy it now with immediate paypal payment. He has been a member fdor over 5 years and doesn't know ebay rules.

I am a regular ebayer and start most auctions at 99p - once sold an item worth £50 for £1.05. I stand by my 100% selling and buying ratings and always will.

I know what i would do but..........

pennylane99

if you check the bidding history, the seller had changed his mind and decided to keep the item after all.
He cancelled all the bids that were on there at the time. But then the OP jumped in afterwards.

all bids cancelled at 16.20...and there was a bid for £450

OP jumped in at 16.27

http://offer.ebay.co.uk/ws/eBayISAPI.dll?ViewBids&item=330066295776