Auction won. Buyer won't supply because it's too cheap!

[wshipman080972]

Can anything other than reporting seller( which has been done already) when the seller won't hand over the item because it didn't sell for a high enough price.
Can legal action be taken?
Within 2 hours of the auction ending, I visited the sellers place of business anonymously, after recognizing the background in the photos, and he tried to sell the item to me again.
I spent a lot of time winning this auction and missed out on other items through concentrating on this one.
If they want a reserve price for the item, put a reserve price on it.

[thecatspjs]

Crikey posted: "Failure to pay is breach of contract or more specifically non performance. It does not give the seller the right to withhold the goods."

Old thread or not, I can't let this one go by Crikey.  

Under Common Law and/or Sale of Goods Act there are a number of remedies a seller has for breach of contract including:  right to hold goods, right to withhold delivery and/or resell the goods.  Of course there is also others including suing for payment or damages. 

So a seller may indeed have a right to withhold goods if payment has not been received.

[*crikey*mate*]

---

@thecatspjs wrote:

Crikey posted: "Failure to pay is breach of contract or more specifically non performance. It does not give the seller the right to withhold the goods."

Old thread or not, I can't let this one go by Crikey.  

Under Common Law and/or Sale of Goods Act there are a number of remedies a seller has for breach of contract including:  right to hold goods, right to withhold delivery and/or resell the goods.  Of course there is also others including suing for payment or damages. 

So a seller may indeed have a right to withhold goods if payment has not been received.

---

The important factor that you have overlooked is you have cited REMEDIES - only a court can determine remedies, not the contractual parties.

Consequently I was correct. Failure to pay is a breach of contract and when suing for non performance, they may be defences leading to remedies handed down by the judge.

I wasn't away the day they taught THAT.

[thecatspjs]

Forgive my careless use of the word remedy, though I would argue remedy can be reached through application of the law, not requiring judicial decision.

You posted that a seller had no RIGHT to withhold

The sale of goods act grants an unpaid seller the RIGHT to retain possession of goods where a buyer is outside payment terms.

[mrdilligaf]

Just won a truck for 1500
Seller says he wanted 70k....
What to do?

[lyndal1838]

There is nothing you can do.   The listing clearly states that the seller wants $70,000....did you really think he would sell it for $1500?

The seller obviously doesn't have a clue.....or he is trying to scam buyers.

Who in their right mind would list a $70,000 truck in Parts and Accessories and accept paypal for an amount like that?

[davewil1964]

2 and a half years!

[*tippy*toes*]

---

@lyndal1838 wrote:

There is nothing you can do.   The listing clearly states that the seller wants $70,000....did you really think he would sell it for $1500?

The seller obviously doesn't have a clue.....or he is trying to scam buyers.

Who in their right mind would list a $70,000 truck in Parts and Accessories and accept paypal for an amount like that?

---

Parts and Accessories / Lighting and Lamps / Light Bulbs / LED LIGHTS!!!!! Pretty big LED light lol!

Postage is also available, and COD.

He's got 12 feedback for selling, so not like he's a complete newbie. Still pretty green though. I'm wondering if he either meant to list it as a BIN, or put a reserve in (which I don't think he can in that category).

Mrdilligaf, yes, the seller stuffed up, but if you think you're going to get that truck for $1,500, you're seriously deluded. Sorry, but that's just the way it is.

[lyndal1838]

---

@davewil1964 wrote:

2 and a half years!

---

*sigh*  I should have looked...there are plenty of zombie threads surfacing at the moment.

But it is a lot easier to answer than argue. 

[lyndal1838]

---

@*tippy*toes* wrote:

---

@lyndal1838 wrote:

There is nothing you can do.   The listing clearly states that the seller wants $70,000....did you really think he would sell it for $1500?

The seller obviously doesn't have a clue.....or he is trying to scam buyers.

Who in their right mind would list a $70,000 truck in Parts and Accessories and accept paypal for an amount like that?

---

Parts and Accessories / Lighting and Lamps / Light Bulbs / LED LIGHTS!!!!! Pretty big LED light lol!

Postage is also available, and COD.

He's got 12 feedback for selling, so not like he's a complete newbie. Still pretty green though. I'm wondering if he either meant to list it as a BIN, or put a reserve in (which I don't think he can in that category).

Mrdilligaf, yes, the seller stuffed up, but if you think you're going to get that truck for $1,500, you're seriously deluded. Sorry, but that's just the way it is.

---

Tippy there is no reserve in the category he has listed in, but if listed correctly in Vehicles he could have done so.

It was the wrong category and paypal that got me wondering if it was a scam.

[rookesco]

the problem with law is that ebay is a usa based company  if you do not live in usa the laws of ur country may trump the laws of ebay just becouse  in usa they have to follow those laws dosnt mean that there will be any punishment in other countries as the laws may be difrent this is why international law is tricky