Can seller refuse to complete sale to buyer?

MarkyMarkD

She has not a leg to stand on - I am glad you want to pursue this all the way. If you had name and address details you could also take her to small claims court for a laugh. You'd win there too. Especially if she re-lists it and you get evidence of a fair market value for the item (but I suspect that that's a bit tricky).

ViJay_3

MarkyMarkD wrote:

She has not a leg to stand on - I am glad you want to pursue this all the way. If you had name and address details you could also take her to small claims court for a laugh. You'd win there too. Especially if she re-lists it and you get evidence of a fair market value for the item (but I suspect that that's a bit tricky).

Indeed, I didn't mention it as its an extreme measure. As she is technically in breach of contract, you could sue for breach in the County Court.

You have a very strong case. Good advice from Soo as well, don't let her muck up your ratings!

spor7y

Hiya
I have sent her the following email.

Dear *******

As a 'Powerseller' you are aware that if you want a minimum price for the coat, the listing should start at that very price, or a reserve should be set.
I am sure Ebay will take a pretty dim view of your proposed actions, which are unethical and against their sellers policy.

I await your response.

Let's see what happens in the next instalment!!
She took on the wrong person here.................

Tojo_Ralph

spor7y wrote:

Hiya
I have sent her the following email.

Dear *******

As a 'Powerseller' you are aware that if you want a minimum price for the coat, the listing should start at that very price, or a reserve should be set.
I am sure Ebay will take a pretty dim view of your proposed actions, which are unethical and against their sellers policy.

I await your response.

Let's see what happens in the next instalment!!
She took on the wrong person here.................

No softly softly approach there then.

spor7y

Hi
Got an incoherrent response form who I presume is the seller's mother.
She said:"HELLO THE LOWEST RESERVE WAS 50.00 I COULD PLACE ON THIS IT IS MY DAUGHTER WHO IS SELLING AS A POWER SELLER NOT MYSELF I ASK HER TOO BUT IT ON FOR ME ..IF YOU WISH TO COMPLAIN PLEASE DO SO IT WAS CLEAR ON THE LISTING WHAT I WAS LOOKING FOR
REGARDS

*******

I responded saying: If you wanted forty pounds for it, that should have been the starting price, not ten."

I see a slanging match on the horizon!!!

Tojo_Ralph

spor7y wrote:

Hi
Got an incoherrent response form who I presume is the seller's mother.
She said:"HELLO THE LOWEST RESERVE WAS 50.00 I COULD PLACE ON THIS IT IS MY DAUGHTER WHO IS SELLING AS A POWER SELLER NOT MYSELF I ASK HER TOO BUT IT ON FOR ME ..IF YOU WISH TO COMPLAIN PLEASE DO SO IT WAS CLEAR ON THE LISTING WHAT I WAS LOOKING FOR
REGARDS

*******

I responded saying: If you wanted forty pounds for it, that should have been the starting price, not ten."

I see a slanging match on the horizon!!!

If that is the seller's mother.... Then it is quite remarkable that they....

Both have a very poor grasp of the English language...
Both are unable to use a spellchecker...
And both TYPE EVERYTHING IN UPPER CASE!

IMHO you now simply advise them that they have 5 working days to deliver, after which you go down the routes suggested by others.

spor7y

I responded to her garbled email highlighting that her behaviour could see her daughter being stripped of her Powerseller status.
I also attached this link for her perusal: http://pages.ebay.co.uk/help/policies/listing-reserve.html

soolin

I wouldn't even waste 5 days arguing with this seller. Report the seller now for each and every breach including being a non performing seller. Make an official complaint to paypal as well in case that helps.

Accept the fact that you are not going to get the coat, but don't make it easy on her.

Check out all her other listings, is there anything else dubious that can be reported, if so go ahead.

This listing has already cost her money, 35 p for the original listing, 15p if she used a gallery photo and about another 85p FVFs. She can't even use the option of relisting for free as the item sold, nor can she get her FVFs back without your consent.

Soo

spor7y

Hi all

Seems my feisty spirit may have paid off.
After send the seller the link showing that they have violated Ebay's sellers policy, I recieved the following email pretty quickly: hi have spoken too my daughter she will make the extra cost up to me as i must have made a mistake in the reserve area i will post off too you.

Mmm, what a quick come down. I see a mother and daughter argument erupting!!
Don't want to count my chickens before they are hatched but I mustthank you all for the support I've had.
Now, let's see if the postman will arrive with a pleasant parcel soon.

One more question MSE people: What about feedback?

Altarf

ViJay wrote:

Now that the sale has been completed, you and the seller have a contract with each other. Therefore they are contractually obliged to fulfil their end of the contract, as you have fulfilled your committment. The seller should be aware of this as Ebay makes it clear that sale is a legally binding contract. I would suggest reporting their actions to Ebay.

You are definitely in the right and if you want the coat and have already paid for it, you should get it!

Sorry, but in the UK there isn't a contract.

Advertising an item on ebay is an invitation to treat by the seller.

The potential buyer's bid is an offer to buy the goods at that price.

The seller may accept or decline that offer, even if that was the highest offer when the ebay sale closed.

This legal position does conflict with ebay's rules, but they were designed with American law in mind not UK law. If the seller refuses to sell, feel free to report them to ebay and get them kicked off for breaking their rules, but as for suing them in the UK courts, no chance.