eBay: Consumer rights

davesocrates

eBay have dealt with the failure of a seller to acknowledge a legally binding sale by docking them stars.

Are there any consumer rights that entitle the buyer any satisfactory resolution?


Back story:

I successfully won an item on eBay, which the seller then refused to sell because they felt they could have got more money for it (the item was about £300).

eBay acknowledge that the auction was legally binding, but I believe their action was to simply take points off the seller.

I didn't get the item, or any form of recompense.

I would typically expect the failure of 'legally binding' purchase to result in a resolution for both parties involved, and likely for the sale to be acknowledged. But I don't know the law. And eBay simply say 'get your solicitor to contact us'. Does the consumer not have rights in this situation?

Appreciate all thoughts

shaun_from_Africa

davesocrates wrote: »

And eBay simply say 'get your solicitor to contact us'. Does the consumer not have rights in this situation?

Appreciate all thoughts

The consumer has plenty of rights, but ebay are not the body to enforce these.
This is down to Trading standards, or by the consumer taking legal action themselves.

If the sale does constitute a legally binding agreement (and there has always been a lot of debate about this), your only option would be to attempt legal action against the seller to try to clain for loss of bargain.
This could be extremely time consuming and there is no guarantee that you would win, and even if you did, again, there is no guarantee that you would get anything from the seller.

wealdroam

davesocrates wrote: »

eBay have dealt with the failure of a seller to acknowledge a legally binding sale by docking them stars.

Are there any consumer rights that entitle the buyer any satisfactory resolution?


Back story:

I successfully won an item on eBay, which the seller then refused to sell because they felt they could have got more money for it (the item was about £300).

eBay acknowledge that the auction was legally binding, but I believe their action was to simply take points off the seller.

I didn't get the item, or any form of recompense.

I would typically expect the failure of 'legally binding' purchase to result in a resolution for both parties involved, and likely for the sale to be acknowledged. But I don't know the law. And eBay simply say 'get your solicitor to contact us'. Does the consumer not have rights in this situation?

Appreciate all thoughts

Of course the consumer has rights, but it is not ebay's job to enforce them.

If you believe the sale was binding, then pursue the seller through the courts.

Maybe a read of the Sale of Goods Act, to discover whether the sale really is binding, would be a good starting point.

By the way, did you realise there is a more specialised ebay board?

cardinalbiggles

Same thing happened to me only 6 hours after winning an auction I got an email saying that he had already sold it.

EBay don't care, sure they have their rules but they really dont care about enforcing them.

Left appropriate negative feedback which he took exception to but stuff him, if you auction something you sell it if there are bids if not put a reserve on.

CoolHotCold

Honestly its a legal quagmire.

Ebay state that putting the item for sale means you automatically accept any price (if a auction) unless you put a reserve on it.

They sort of ignore the proper way of invitation to treat and acceptance of the goods, and I can see it from both sides (eBay don't want to be a site where you can auction a item and when someone wins the seller can just go, Actually I don't accept the sold price), honestly If I won a item and the seller goes "No longer available" or something similar I'd just go "Kay" and move on.

eBay, seller or buying is always a risk. I don't spend too much time if things go wrong.

cardinalbiggles

CoolHotCold wrote: »

Honestly its a legal quagmire.

I wouldn't say so at all, although I admit you just have to move on unless it was something high value. Basically ebay can say what they want but consumer law applies. Its a pity ebay don't actually enforce it with more gusto.

You make a bid someone accepts, contract formed. In my case they even accepted payment. Had it been something high value I can see people being tempted to sue for loss of bargain.

CoolHotCold

But thats it.

If you were the seller you could just say "I've posted it with royal mail" and what would happen is you wouldn't receive anything, and under ebay the guy/paypal would refund you and both parties are back in the position they started in.

If the item was mistakenly listed or incorrectly described and as a result would receive less bids than usual, and you know you're getting it for "A steal" / A lot less than you should that would be technically theft. (See 1968 CHAPTER 60, section 5(4) ). Hard to prove, but still a technically kind of right is the best type.


But, it's a legal quagmire in Auctions as you aren't actually bidding on a ebay auction, every time you put something up for a auction, its not ebay that are auctioning it, it's you, this way ebay avoids a lot of the legal problems, but also skirts some of the protections.


Anyway, I prefer to keep out of ebay problems and chalk it up to experience if things go wrong.

arcon5

I've been on both sides of the sword here.. and have to agree with others and move on.

The only other option would be costly, time consuming and carry a level of risk. Especially with online business' where many are trading as LTD using a virtual address

davesocrates

Stunned by such quick responses! That's been some really great advice. Yeah, it was a bargain so it's just left me with a very bitter taste.


@wealdroam Must apologise - I didn't realise there was a specific ebay section. Hopefully, if this is of use other people, they will be able to find it on here easy enough.

maninthestreet

Leave the appropriate feedback for the seller, for the benefit of other
bidders.