Ebay: Won but seller say's it's faulty!

[BritBrat]

I won an item last night and now the seller say's it broke or something wrong and wants to cancel, I did get it cheap and was thinking that is why he does not want to now sell it.

Item is in UK and even same town as me.

I was thinking of asking him if I could view it as I may still take it in it's current state at that price.

I would just like to know how I stand and for future reference.

Originally Posted by Seller

Dear *****,

Dear *****, my sincere apologies but the item you won has
had a little accident and I'm afraid is not suitable for sale.
Hence, I'll be filing an unpaid item strike and ask you to
"mutually agree not to carry out the transaction" so we don't get
a strike on our accounts. Once more, my sincere apologies.

Originally Posted by Ebay

The seller, ***** tells us you have mutually agreed not to complete the transaction (either because you returned or are returning the item for a refund, or because there was a misunderstanding) and has requested a credit for their eBay fees.
Please respond by 03-Nov-2007 so eBay knows whether you have made this agreement.

Any advice?
I have a 100% rating and don't want to lose that over this.
I have not paid for it at the moment. Lucky as I normally pay within minutes of winning.


I would have asked this in MSE first, but Martin seems to be having site issues

[barracad]

If you're interested in buying a faulty item, then you could certainly ask him if he would still consider selling it.

However, without knowing the background there are some sellers who don't bother paying to add a reserve price and if it doesn't reach what they want they simply refuse to sell. There is nothing you can do to force him to sell it to you I'm afraid - it's just a shame that non-selling sellers aren't treated by eBay in the same way as non-paying bidders!

As for the "strike", if you do mutually agree to not pay for the item, it doesn't affect your standing or put a non-payment marker against your ID.

[BritBrat]

Thanks for the reply, I will leave it a day or so to see if there are any more comments.

If I choose to agree the cancelation do I still get a chance to make a comment against the purchace?

I don't think I would unless he puts it on sale again.

it's just a shame that non-selling sellers aren't treated by eBay in the same way as non-paying bidders!

I agree, but you would have thought Ebay would do something as it is them being defrauded, makes me wonder about Ebay!

[barracad]

I think you can still leave feedback, not 100% sure on that.

[IdaInFife]

Hi Britbat,

Really you cannot force the seller to sell.

You have two options.

1. agree to the mutal , that's just so the seller can claim his feesback
2. Don't agrre and start a Non performing seller dispute. The seller will get a strike for this, you won't.



mutually agree not to carry out the transaction" so we don't get
a strike on our accounts. Once more, my sincere apologies.

That statment would want to mke me do the NPS dipute as he is trying to say you and him will get a strike. Only him will.


Have you already paid?


The decision is yours. If you think hes genuine then i would agree, if you think he's pulling a fast one? don;t agree to the mutual.


You will be able to leave feedback either way!

Idax

[davethorp]

One course of action would be to accept the mutual withdraw but keep a very close eye on his listings over the next few days. If the item finds itself relisted and in a working condition report to ebay as a none performing seller

[IdaInFife]

If the accept the mutual they cannot then start a NPS dispute.

[davethorp]

They could still report the relisted item to ebay as a violation of ebay policies which is what I meant

[BritBrat]

Thanks all, I think I will agree tomorrow and if he re-lists it do as you said.

No I have not paid so I can't lose, just a bit annoyed that I won an item I wanted to only lose it again.

Although I have a 100% rating I am not an experienced Ebayer.

[Weird Al Yankovic]

There is much misconception about ebay and buying and selling.

Ebay are just a hosting site who also happen to have their own rules about buying and selling, however, these do not and can not override contract law. (I'll assume that both the buyer and seller are UK based in this post).

The understanding of ebay members, when they join up, is that the contract is formed once bidding ends and the highest bidder prevails, in an auction type sale.

The contract is between the buyer and seller on those terms.

This is quite different to a retail sale of offer, acceptance and payment all at the same time.

Therefore, the buyer is obliged to pay and the seller to sell. That is the contract.

If the seller has not included anything within his advert to alter the way ebay define when the contract is formed then the seller has to sell to you or he is breaching the contract.

It is up to you if you want to agree to not go through with the sale but I'd suggest you are not bound to do so.

If you have a bargain where you have saved quite a few quid then maybe digging your heels in might work.

If the seller has sold something he now knows has gone for a song then it's tough luck.

[Weird Al Yankovic]

And it may only cost £30 to force this through the courts.

[BritBrat]

Thanks for that advice, at least I am learning a few things about Ebay.

I still have not taken any action, letting him sweat it out a bit.

(I'll assume that both the buyer and seller are UK based in this post).

Yes, also same town.