View Full Version : Ethical question of sorts...about eBay
spotlightmama
04-28-2008, 06:20 AM
So I just won an expensive cycling item on eBay for a very, very good price. Immediately after winning, I paid via Paypal. Minutes later, I received an email from the seller saying she wouldn't sell it because at that price she was "giving it away and would just relist it and wait for higher bids." She refunded me my money and sent me another message later on saying that this was her first time selling on eBay and she had some trouble.
I'm of course extremely annoyed. But here is my dilemma. Coincidentally, I happened to see that she had this item listed for sale on pretty popular forum (while running the auction, mind you). Should I post anything about this situation or is that waaay too much drama? I don't want to start anything, obviously.
What would you do?
Tuckervill
04-28-2008, 06:29 AM
I thought you had to sell once you listed it, unless you put a reserve on it. It's been a long time since I put anything on ebay, though. I'm glad you got your money back, because it could have turned out way worse.
Karen
mimitabby
04-28-2008, 06:34 AM
give her BAD FEEDBACK
and report her to Ebay
wackyjacky1
04-28-2008, 06:35 AM
It's my understanding that unless there was a reserve price built into the auction, she is obligated to sell you the item at whatever the winning bid was at the end of the auction. I would definitely contact eBay to complain.
SuperRunt
04-28-2008, 06:39 AM
I think you can contact Ebay about this. There's a way to "file" a dispute. I don't think a seller can legally retract a sale because they don't think they got enough money for it.
I would at least, express my dismay through the feedback about the seller...
spotlightmama
04-28-2008, 06:41 AM
I did report to eBay and I did give negative feedback. She listed it with a low auction price and a "buy it now" - now she's saying she thought the buy it now price was a reserve. I don't know, she might be telling the truth. That doesn't change that it sucks for me. I told her several times that I won fairly and she should sell them, but I can't *make* anybody do anything (well, except maybe DH :p). She's not budging.
I'm just wondering if I should "warn" other people on this other forum that might buy it from her there. Or is that just starting up drama?
Blueberry
04-28-2008, 06:41 AM
I have to echo what others have said. Sellers have an option of (paying extra to) add a reserve. She probably decided to take her chances that bidding would go high enough, lost out, and decided not to sell it.
I would complain to ebay. They might not do anything because she refunded your $$, but I'd bet they won't let her re-list the item (or they'd end the auction that is up). Ebay doesn't tend to be forgiving of mistakes. I would also post your experience at the other locations she has the item for sale. Folks who are potential buyers deserve to know how you were treated. I would certainly want to know - and would choose not to buy from that person.
Good luck!
CA
mimitabby
04-28-2008, 06:47 AM
I did report to eBay and I did give negative feedback. She listed it with a low auction price and a "buy it now" - now she's saying she thought the buy it now price was a reserve. I don't know, she might be telling the truth. That doesn't change that it sucks for me. I told her several times that I won fairly and she should sell them, but I can't *make* anybody do anything (well, except maybe DH :p). She's not budging.
I'm just wondering if I should "warn" other people on this other forum that might buy it from her there. Or is that just starting up drama?
she very well might be telling the truth but ignorance does not protect you from the rules... that's called Bad Faith.
jobob
04-28-2008, 06:53 AM
I think she's lying through her teeth. :p Has she sold other items on eBay? She would know the rules. (oops, sorry, I see from your OP that she said it was her first time)
Still, eBay makes a point of making sure that people have read the rules before they sell anything. If she lacks basic reading comprehension ability, or if she was too lazy to read the rules & just clicked on the "I understand ..." box, that's her problem, not yours.
SouthernBelle
04-28-2008, 06:54 AM
I've not sold on Ebay, but I'm willing to bet that by listing she has agreed to abide by certain rules. She simply could have put in a starting bid that was within acceptable limits.
This is a case of 'Ignorance of the Law is no excuse.' Sellers like this should be banned.
short cut sally
04-28-2008, 06:58 AM
I would definately email ebay. They are very good about listening and taking it from there. At least you got your money back..I gotta give the seller credit for that..that could've been ugly there.
motochick
04-28-2008, 07:39 AM
Save the emails from her as ebay might want to see them. Good luck.
Brenda
KatyLady
04-28-2008, 08:05 AM
I wouldn't be the least bit shy about posting warnings around the various forums. I'm sure the seller would be screaming foul if the buyer decided after the fact that she had bid too much and tried to say, "Sorry I changed my mind."
xeney
04-28-2008, 08:18 AM
Yeah, there are eBay sellers who pull this BS. Make a new ID and plead "I didn't know the rules!" if you don't get a good price. She knew.
On the one hand you aren't hurt if you got your money back, but maybe you refrained from bidding on a different auction because you were waiting to see if you won hers, which you had every reason to believe would be a fair auction. She violated the sales contract and eBay needs to ban her.
GLC1968
04-28-2008, 08:20 AM
Personally, I would 'out' her.
My husband just sold a bike on ebay last week and a day later regretted his decision. He really, really, really wanted to back out (even considered telling the buyer it was stolen!), but knew that he'd made a deal and had to go through with it. He shipped it this morning and probably had tears in his eyes when he did.
It's too bad for her that she didn't read all the rules. They are all there, in black and white. AND, if she really did make a mistake in her listing, she didn't have to let it complete before changing her mind. As long as there are no bids, you can change or retract your listing.
Ignorance is no excuse. She should have honored her commitment and you have every right to share your experience with others.
spotlightmama
04-28-2008, 08:30 AM
I'll be honest that I do believe her that she made a mistake (I could just be a pushover). Judging by her emails, it seems like a sincere mistake. But I agree - a deal is a deal, even if you messed up in the listing. eBay isn't that hard to use and she should have been more cautious. She sure wouldn't be complaining if she got more than they were worth!
She shouldn't have started the bidding so low if she wasn't willing to part with them at that price - that's the risk of eBay. I really wish she would stay with her end of the deal, but there's nothing I can do.
I guess I feel bad "outing" her because I'm pretty sure she did make a mistake. I definitely don't feel bad that I gave her negative feedback and reported her because that's all part of eBay. I'm just not sure if I would be taking it a little overboard by posting on this other forum with my experience. They are listed at her desired price on the forum, so I doubt she would back out on anybody.
Grr - I was so excited, too! :mad:
spotlightmama
04-28-2008, 09:34 AM
Well, I was thinking about just letting it go, but I checked my eBay and she left me negative feedback!! She said, "Buyer couldn't understand unfortunate situation of seller." No sorry, I don't understand backing out on a deal!
So I outed her. I'll probably look like a pot-stirrer, but oh well. :(
wackyjacky1
04-28-2008, 09:44 AM
She left you negative feedback? :eek: Geez, that's insane...and possibly another eBay violation, as I believe they have a policy against retaliatory feedback. She's not just some innocent noob, she's a fraud, and it's good that you "outed" her. I am a big fan of eBay, and the most important thing that makes it work is that people abide by the rules. Shame on her!
What????
I have a feeling this isn't going to be the last "unfortunate situation" she finds herself in.
.
spotlightmama
04-28-2008, 09:49 AM
She left you negative feedback? :eek: Geez, that's insane...and possibly another eBay violation, as I believe they have a policy against retaliatory feedback. She's not just some innocent noob, she's a fraud, and it's good that you "outed" her. I am a big fan of eBay, and the most important thing that makes it work is that people abide by the rules. Shame on her!
I know - I'm so upset because I really love eBay. I hope they can do something about it because I like to sell things on there once in awhile and I have worked hard to keep 100% positive feedback.
I cannot believe this girl! Grr - "unfortunate situation."
bluebug32
04-28-2008, 09:58 AM
I'm not sure what other forum you post on, but some, like Ridemonkey, have a bad sellers and scams forum where such incidents are posted to warn others.
I think a lot of people (including myself at times) will post the item several places, especially if it's an expensive or niche item that may not sell on Ebay. I would definitely let any potential buyers know that the item is only available if if it doesn't sell at the auction.
When buying and selling on Ebay, you both enter into a legal contract of sorts. At the very least, you deserve to notify eBay to have your negative feedback removed and to push to receive the item that you legally won.
spotlightmama
04-28-2008, 10:15 AM
lol - so it keeps going. After posting on the forum, I thought about it and thought maybe I should just alert the moderator of the forum. Can you see that I really hate drama, lol! I just wanted to do the right thing without starting anything.
Anyway, the moderator wrote me back and said he deleted my post because "this is not the place to dispute ebay purchases."
So she gets away. Ah well, I tried.
mimitabby
04-28-2008, 10:17 AM
no, she didn't get away with it. Continue the complaint process!
any informed buyer is going to shy away from a seller who has feedback which is negative and the only feedback they have.
short cut sally
04-28-2008, 10:40 AM
I thought about something while reading and getting ready to post again to this thread. IF the seller listed something in error or chose to end the auction early d/t unknown whatevers, they have the right to end the auction early as i had this once done to me. THe seller emailed every bidder and explained the situation and was later relisted with the corrected information and a reserve. Once a particular auction has ended, I don't believe that they have the right to back out of it, as it is a binding auction if I remember right. At least that is what it says when you have to confirm that you want to place x amount for your bid. What's fair is fair and I think that her leaving you a negative feedback is not the wisest of things for the seller to have done. I would really pursue this, regardless if she meant it in error or not. If that was the case, can't imagine her taking the time to make sure she gave you the negative feedback. I have only purchased from ebay, well over 400 transactions, and I have only gotten burned once (the seller got my money and the product) I had emailed ebay and it wasn't long after that, the seller was no longer a listed seller (apparently this seller had a run of these same complaints). I wish you the best of luck on this.
spotlightmama
04-28-2008, 11:17 AM
I will definitely be continuing with the complaint process - no doubt about that. I do think it's true that you can end an auction early - that would have been fine. But you are definitely violating policy when you plain ol' won't sell the item after someone has won it. It's so unethical, too.
I just mean she got away because she will probably sell it for the price she wants on the forum.
wackyjacky1
04-28-2008, 01:07 PM
At another message board that I go to a lot (non bike-related) a member might post something like, "PM me if you are interested in details of my experience." That way you're not naming names or "slandering" someone on the board, and you can discuss the issue backchannel.
Or you could chalk it up to experience, hope eBay does something about the negative feedback she left, and just let it go.
Mr. SR500
04-28-2008, 01:10 PM
Hi, I'm an avid seller and occasionally buy. That sucks, she is a loon. I would have said, just let it go - until she gave you negative feedback. I would try and get the neg fb removed, but your likely SOL. You might post the auction link here and TE'er could flood her with questions - but that is not very productive. Sorry, it doesn't normally work that way, but bad karma will find her.
wackyjacky1
04-28-2008, 01:17 PM
You might post the auction link here and TE'er could flood her with questions
LOL, that crossed my mind, too. :D
uforgot
04-28-2008, 03:05 PM
When the auction is over, the seller has a binding contract to sell to you. That's what ebay always says. Unfortunately, you can only dispute it with ebay and she will be suspended only if she does this so many times, not just once.
As for the excuse that she didn't know. I wish I had a nickel for every time I hear that on a daily basis from my high schoolers. I always say "So, if you don't know the speed limit, you can go as fast as you want?" If she is being honest and didn't know, then she didn't read the rules and she still is obligated to abide by those rules. Being ignorant is no excuse.
You've done what you can. I wonder if that website ebayersthatsuck.com is still in existence??????
uforgot
04-28-2008, 03:10 PM
As for the negative fb, you can reply to it. Something short and sweet like "Seller refused to sell. Didn't like low winning bid." If I saw that I would not let it affect any dealings I had with YOU!
Ebay is changing their feedback to keep sellers from leaving retaliatory fb. Not sure when it goes into effect. Worth a try contacting them. They have gone away from their "No way do we ever remove fb". It can be removed now, and when the new rules happen, it's even better for the buyer.
uforgot
04-28-2008, 03:24 PM
You can go here (http://pages.ebay.com/help/policies/seller-non-performance.html) and file a seller non performance.
Click on the "show" button on additional information.
crazybikinchic
04-28-2008, 06:24 PM
Hi,
I would complain to eBay's fraud department and to PayPal's as well. If the seller had the item posted on another site as well they may have gotten more money for the item.
That is a no-no for eBay. If you sell it, you can't change your mind because it sold too cheap.
I don't know about you, but you should follow up. Stuff like this makes it harder for everyone else.
If they leave you negative feedback, file a dispute with eBay's Square Deal department to get your negative feedback removed, it is $20 bucks well spent.
Remember your id reputation is only as good as your feedback.
Good luck. If you want more help let me know.
malkin
04-29-2008, 06:40 PM
You can file a Non-Performing Seller report (sometimes called NPS) with the link uforgot posted above. Ebay is unlikely to do anything though, especially since the seller refunded your PayPal payment.
If you got a neg. feedback and are concerned about it, post a calm straightforward statement in response: "Retaliatory from Non-Performing Seller."
Make a note to avoid that seller's auctions in the future and if you sell, include that ID on your banned bidder list, and then move on.
malkin
04-29-2008, 06:48 PM
You might give the ebay Bidding Board a try.
Friendly, helpful, knowledgable regs, some wiseguys, with occasional trolls, and an assortment of whiners, sore losers, new users, and people who just didn't read the rules.
Mr. Bloom
04-29-2008, 07:23 PM
and report her to Ebay
Ditto...if she didn't have a reserve, I think she's contractually hooked...
teigyr
04-29-2008, 08:12 PM
I bet she is contractually obligated but it might cost money to actually retrieve the item from her.
We've all made mistakes and realize it; ethics have to win out. I've known plenty of people who are less than brilliant that appear to navigate their way around auction sites and other places. I think she's making it up.
Out of curiosity, I'd do a cursory websearch on her. I know people are mixed about these things but I had an opportunity to buy a bike that was "found" in a garage of a deceased parent or something like that...but the details were sketchy. I did some research and found out that the seller was young, married (both parents appeared to be living) and was also selling other "found" bikes using various websites.
Yeah, I'm harsh :D
Brandi
04-30-2008, 07:52 AM
I agree with everyone. And husband said you should make her sell it to you cause it is in the rules. it is not your fault she didn't read things correctly!
Brandi
04-30-2008, 07:55 AM
My hubby says to go here! It is a short cut he kept a while back. and I guess is hard to find on ebay.
Go here:
http://pages.ebay.com/help/confidence/questions/avoid-fraud.html
Then click "Contact Us" at the bottom
Sorry if we are repeating something somebody already said! Good luck and let us know what happend!
You have to sell something once you post it? Yet another reason to add to my list of reasons why I don't use ebay. I have look at their website, figuring if I learned about it I would like it. But the more I learn, the more distasteful it all seems. And I don't need another way to bring clutter into my house, the traditional ways are working just fine:rolleyes:.
kat_h
04-30-2008, 06:47 PM
You have to sell something once you post it? Yet another reason to add to my list of reasons why I don't use ebay.
A seller can cancel an auction up until the final 12 hours, for practically any reason. I once cancelled an auction for a video I was selling because I decided to give it to a friend instead. I still had to pay the 10 cent listing fee and that was the end of it.
Once the auction has finished the seller is obligated to sell the item. The buyer is also obligated to pay for the item at that point. The whole concept would unravel quickly if sellers were allowed to change their minds after receiving payment, as happened here.
SouthernBelle
05-01-2008, 05:21 AM
You have to sell something once you post it? Yet another reason to add to my list of reasons why I don't use ebay. I have look at their website, figuring if I learned about it I would like it. But the more I learn, the more distasteful it all seems. And I don't need another way to bring clutter into my house, the traditional ways are working just fine:rolleyes:.
You can put a reserve price, but that's pretty much the law world wide in regard to auctions. You are entering into a contract with Ebay to sell, then when the gavel drops, so to speak, you have entered into a contract with the buyer.
I'm not sure why you find it distasteful.
imdeanna
05-01-2008, 09:29 AM
Have you gotten any response from Ebay?? I'm curious to hear what they have to say about it!
and I wanna know who the seller is!!
I buy a lot of stuff on ebay...and that is just crazy that someone would think that was OK to do! :rolleyes:
spotlightmama
05-01-2008, 11:25 AM
The only response I got from ebay was that I have to wait 10 days to file a report. They won't remove the feedback, so I'm just stuck with it.
I really think she was just completely clueless. One of my longtime friends is like that and it makes me crazy! :p I can totally see my friend doing the same thing - it's like she lives on another planet and doesn't have to abide by the same rules as the rest of us. I don't think it makes it right that she didn't sell it, but I actually don't think she was trying to be fraudulent.
She closed down the second listing and doesn't have anything else for sale, so at least that much is good.
crazybikinchic
05-06-2008, 10:50 AM
I saw your last post and wanted to give you a little more advice.
If you go to the Square Trade :
http://www.squaretrade.com/cnt/jsp/odr/overview_odr.jsp and file a dispute resolution against them you can get the negative feedback removed.
It cost about $30 bucks but well worth it to keep your perfect feedback rating.
Good luck and feel free to ask questions
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