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Gumtree/ebay item not received, re-listed on ebay


Dr Hunter
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Hello,

 

I noticed a netbook (without battery) listed on Ebay and Gumtree last week so made an offer through Gumtree. After several email then texts back and forth we agreed on a price and I sent the payment through Paypal.

 

At the weekend I purchased a battery for the item which I expected delivery of today as we had agreed on next day delivery when the Paypal payment cleared. Last night I received an email saying the item would be delivered today.

 

As of this morning the item has been re-listed on Ebay.

 

As the price had been negotiated (can be evidenced through emails) and payment sent, is the item now my property?

 

Thanks in advance for any advice

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Thanks for that, it was the same listing for the exactly the same item re-listed and had distinct singular features ruling out any duplicate. As it happens the item is now in the post, I suspect because the auction ended at a lower value than I had already paid him. My question was regarding my rights had he sold the item on ebay after negotiating a deal (contract?) and receiving payment from me. As mentioned, I had further purchased a battery for the item for £50 which would have been wasted had I simply been refunded the money.

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As a private seller, you may be hard pressed to prove consequential loss for a failure on his part to supply, it could be argued that it would have been reckless to buy an accessory for something that was not already in your posession (say, it got lost in the post, or whatever). Hopefully, it'll all pan out as expected!

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Thanks for the reply and I will certainly be more cautious in the future, its easy to let the wits slip after dealing with a succession of good sellers. I just received the item so am glad to put the whole issue to bed.

Cheers

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