topic Re: Feedback in Selling

Feedback

stoneleigh106 — Tue, 20 Jun 2023 09:18:32 GMT

Hi All. Trying to leave negative feedback for a non-contact purchaser but it is not an option in Feedback.

Any help appreciated

Re: Feedback

imastawka — Tue, 20 Jun 2023 09:27:14 GMT

Leaving negative feedback for buyers hasn't been available for years.

If you leave a green dot with negative feedback, ebay will slap you on the wrist.

edit.....but I see you've already done that months ago. Tsk tsk

Re: Feedback

repentatleisure1952 — Tue, 20 Jun 2023 09:29:30 GMT

Of course it's not an option.

Sellers have not been able to leave negative feedback since May 2008.

There is absolutely no need to leave feedback for a "non-contact purchaser"... I presume you mean non payer.

ETA... did you not notice this when you last left a useless false positive?

Re: Feedback

repentatleisure1952 — Tue, 20 Jun 2023 09:32:16 GMT

Hi stawks,

I found more... heaps more.

Re: Feedback

imastawka — Tue, 20 Jun 2023 10:52:19 GMT

Oh dear.

OP seems to think they have a "LEGALLY BINDING CONTRACT" when an item sells.

Lots of those in FB.

Re: Feedback

sandypebbles — Tue, 20 Jun 2023 18:19:06 GMT

Why oh why are you habitually rewarding problem buyers with glowing green ticks

You are encouraging them to do it to others

If those buyers reported that feedback, eBay would have pinged your account long ago

Re: Feedback

gec2002 — Thu, 22 Jun 2023 08:13:09 GMT

Not only the OP so does eBay.

I suggest you read eBays Non-Binding Bid Policy which clearly states ""when you place a bid in an auction it's considered BINDING"" .... ""except real estate and businesses categories, were bids are considered non-binding""

Re: Feedback

sandypebbles — Thu, 22 Jun 2023 08:22:42 GMT

Members here are well aware of eBay policy, thank you

Members are also well aware, in the real world, eBay does not make/force buyers pay, does not do anything about serial non payers (except for a 'strike' IF the seller make eBay aware of non payment) and does not allow neg feedback for non payment

The OP chooses to reward the non payers with green ticks, not only putting their own account at risk, but as said, it encourages the 'buyer's to keep on doing it

eBay allows buyers to do whatever they want, regardless of what they 'say'

Re: Feedback

countessalmirena — Thu, 22 Jun 2023 09:06:33 GMT

Of course eBay state that a bid or purchase is binding. That’s the policy.

That doesn’t mean that eBay don’t provide the means to deal with a failure of one or both of parties to follow through. They are pragmatic; things can and do go off-course. Hence sellers have the ability to cancel a sale (3 proffered reasons for so doing being available to them), and buyers have the ability to not pay.

In some instances eBay concede the necessity or validity of transaction cancellation; in other instances they consider it a result of bad seller or bad buyer behaviour which may even earn the buyer/seller a rough beating or sanction of some sort.

Example of necessary or valid cancellation: item is damaged during packing, buyer is recognised as banned eBay member trying to circumvent the ban, buyer turns out to be scammer trying to get item sent to Nigeria etc, seller has changed item description in some way post-bid, seller is found by eBay to be hijacked account (so eBay will cancel transaction)… just for starters.

Other instances are excusable and understandable, such as (genuine) death of buyer or seller, technical glitch resulted in an action going through twice, buyer is robbed or scammed out of their entire savings…

Some are the result of bad decisions by buyer or seller – seller refuses to sell if auction doesn’t reach price they want, buyer changes their mind after buying, etc. In these cases it is annoying for the other party, but especially for sellers, it’s best to be practical and cancel with the reason “Buyer didn’t pay”.

The buyer can’t force the seller to sell in those cases, either. They can complain, possibly give feedback, contact eBay Live Chat to describe the seller’s terrible behaviour, but again… it’s best to be practical because stamping one’s feet only results in broken floorboards and sore feet.

I’m not endorsing the above behaviours. For that matter, both buyers and sellers may be subjected to a range of actions including account restriction, loss of MBG coverage, temporary suspension or - at worst - permanent account suspension/ban.

Re: Feedback

gec2002 — Thu, 22 Jun 2023 10:07:04 GMT

If members are well aware of the policy, why is Imastawka inferring that its NOT binding. The fact eBay may not do anything about it, doesn't change the fact that eBay itself considers a sale binding.

Re: Feedback

gec2002 — Thu, 22 Jun 2023 10:15:46 GMT

""Of course eBay state that a bid or purchase is binding. That’s the policy."" so why is Imastawke inferring it isn't binding. In regard to her statement what eBay does or doesn't do about it is not the point. The OP is correct in his assumption that a sale is binding (other than in certain circumstances, which don't apply in this case).

Re: Feedback

davewil1964 — Thu, 22 Jun 2023 10:18:06 GMT

A binding sale is legally enforceable. Given eBay don't have that power, nor do buyers or sellers, what eBay states is not the legal truth.

Re: Feedback

countessalmirena — Thu, 22 Jun 2023 10:35:31 GMT

imastawka is talking about what happens. There is a discrepancy between a stated policy and what actually takes place - and how eBay attempt to enforce through statement (and the prospect of punitive measures against an eBay account) rather than through legal measures.

If an eBay seller wants to seek an enforcement of a sale in court, he/she might be successful… but might not. Each case is different and there are several mitigating factors that might result in a judgement against the seller. In particular, if the seller has not suffered an appreciable loss directly related to the failed sale… well, enough said.

Re: Feedback

gec2002 — Thu, 22 Jun 2023 10:58:16 GMT

A sale on eBay is legally enforceable. Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

Re: Feedback

davewil1964 — Thu, 22 Jun 2023 11:04:45 GMT

That was a specific case relating to a specific item, an aircraft, where the buyer had incurred material loss as a result of the seller's failure to fulfil the contract.

It has not and cannot be related to sales of $10 items. And it would have to be disputed in court, as your outlier case was.

Re: Feedback

imastawka — Thu, 22 Jun 2023 12:02:03 GMT

@gec2002 wrote:
A sale on eBay is legally enforceable. Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

Please explain how I'm supposed to force someone to pay me for an item.

If I list an item for pick up and then they decide they don't want it after looking at it, is that legally enforceable?

I think the term 'get real' is appropriate here.

Re: Feedback

repentatleisure1952 — Thu, 22 Jun 2023 12:21:48 GMT

🤣🤣🤣

Re: Feedback

sandypebbles — Thu, 22 Jun 2023 23:08:25 GMT

Once again

real

world

Post all the quotes you like

But don't pretend a buyer will ever be somehow magically forced by eBay, the seller or legal folk to pay for fake bids

Re: Feedback

sugar249 — Thu, 22 Jun 2023 23:20:37 GMT

@gec2002 wrote:
A sale on eBay is legally enforceable. Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

Have you actually read the full judgement?

Are you prepared to spend a cool few hundred thousand taking Ebay or the seller to court over a $10.00 item.

Re: Feedback

*sons_n_daughters* — Fri, 23 Jun 2023 14:08:47 GMT

I got taken to court by a buyer, because I refused to accept the item back after they purchased it and took it home. Her husband wasn't happy with the purchase. It was quite expensive. She was a compulsive buyer. She set ebay onto me, who I promptly told to flick off because she had paid with bank deposit.

I got a letter to go to court to try and force a refund. Long story short, she lost. Despite the court saying she had to pay all my expenses, I was out of pocket around $2500 for my $9,000 item. Despite what a court says, that can't be enforced. My only option was to take it back to court, which they would have then insisted the other party pay, but if they didn't, I'd be out more money in legal costs and be no better off.

Given that a court of law (I'm in NSW) can't enforce payment, there is not a chance in dixie that ebay is going to enforce a payment. Think of it like a warranty advertised on ebay. Yes, it's there in print, but that's all it is. I strongly doubt anyone would spend a few grand in legal fees to prove a point over a $10 item.