I won an Auction, and the seller wants more money

[prestigewheels]

I won an item the other day.

The seller had a 8500 BIN price, and a starting Bid on 6000.

I won the Auction at 6000.
 I have already paid for the Item via Paypal.

The seller is now saying he wants more money as the item did not sell for what he expected.

He is saying i can take my money back from paypal, (which i can't without a claim or him refunding it)

What are my choices? i do not want my money back, i want the Item.

 also, Am i allowed to post the sellers name on here as a warning?

[i-once-was-bump]

No, don't post the sellers name, you will be the one in trouble should you do that.

The seller can't make you pay more and you can't force the seller to hand over the item so you should start a Paypal dispute to get your money back and report the seller to ebay.

As the seller is clearly being unreasonable I wouldn't wait a day longer than necessary to escalate the dispute to a claim.

Unfortunately in these situations you just have to accept that some sellers are not going to abide by the rules.

[*crikey*mate*]

You can't post the seller's name. Nor can you make the seller send the item.

They are legally obliged to finalize the contract, but are you prepared to seek recourse through legal channels?

When you are able to, open up a dispute in PayPal for Item not received - I don't think they will make the seller send the item, but it might give them a black mark somewhere?

Apart from that, maybe ring eBay - again, they can't make him send it, but it might earn him a bad mark somewhere.

If it were me, I would not agree to a cancellation (on the facts given in your OP) let him wear the FVF. Might make him think twice before he does this again.

Seller's are supposed to set their start price at a price they are prepared to part with the item for, not list low, cross their fingers, hope for the best and then reneg on the sale if they don't get what they want.

[*crikey*mate*]

To be a little bit fair though, if they are a newish or occasional seller, they may have thought the BIN acted as a reserve and didn't realize it disappeared if someone placed a bid. So maybe it was an honest mistake. Doesn't excuse it though, but people do make mistakes.

[prestigewheels]

I am going to try and solve this with the seller in normal terms before taking it up with paypal. I will be leaving negative feedback as it is a pain in the neck.

I will escalate it to paypal if i have no avail dealing with him tommorow.

The seller has over 30 feedbacks for previous transactions.

If it was for a small amount of money i would have let it go, but the transaction was for 6000 dollars. I will ensure that i don't cancel the transaction and let the seller suffer a loss of 600 odd dollars.

[prestigewheels]

Will th courts have any jurisdiction over this matter as an eBay transaction is a legally binding contract and i have paid my compensation for my item?

The seller and I live in the same state if that helps.

[lyndal1838]

If you do manage to sort it out with the seller then it would be unethical to leave negative feedback just because it is a pain.

When you get your refund then there is no reason to take court action....all you are entitled to is any amounts that you are out of pocket.

[thecatspjs]

Lyndal, a consumer has more rights than just pursuing out of pocket expenses.

A buyer can take legal action to have the sales contract enforced, if they  are determined to get their purchased goods. 

In relation to leaaving a negative, given the $$$ involved in this sale, TBH I would be inclined to leave one too. 

[*crikey*mate*]

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@prestigewheels wrote:

Will th courts have any jurisdiction over this matter as an eBay transaction is a legally binding contract and i have paid my compensation for my item?

The seller and I live in the same state if that helps.

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Yes, on the facts given in this thread, I believe they would. It appears that you do have a legally enforceable contract.

Offer - check

Acceptance - check

Intention to be legally bound - check

Capacity - check

Consideration - check

[*crikey*mate*]

In the past, Courts have ordered that the item be supplied, or in the advent that that specific item is no longer available (i.e. they have sold it to somebody else in a second contract) the Courts have ordered that they source a similar item and supply it for the contracted price, often regardless of how much it costs to source and secure that item.