I won an auction and the seller messaged me afterwards asking me please not to pay for it.

[jbov6731]

So I won a second hand 5 string bass guitar in auction 'fair and square' but within minutes of winning the auction, I receive a message from the seller stating that the winning bid did not meet the reserve [even though the only section on eBay with reserve price is motor vehicles, according to the customer support index].

They asked me to please not transfer any funds because they intend to relist the item later that day (yesterday).

Another person had previously outbid me but 1 day before the auction ended, they retracted their bid leaving my bid as the only, and winning bidder.

Is this even legal? To put something up for auction and then ask the winning bidder not to pay for it so you can try and auction it off again for more money? Would this be classed as extortion?

I have contacted eBay and a representative instructed me to pay for the item through PayPal and the seller would be obligated to send me the item (bass guitar).

Wouldn't this person have to agree to eBay's TOS in order to proceed with listing an item for sale?

Has this happened to any of you before? What did you do?

I was contacted by another representative from eBay who informed me that all attempts to contact the seller were unsuccesful as they didn't answer their phone. I have also sent an 'auto' message to the seller requesting an invoice for the total amount in order for me to pay for the item and they have not responded to my message.

My gut tells me that the seller is going to attempt to avoid all communications for the time limit allocated for me to pay for the item that I won in order to process a nonpayment against my account in order to relist the item.

This is one of the only times I've actually used the bidding function on eBay as I normally just Buy It Now and be done with it.

[fred_fred_2004]

Just pay for it with PP if they dont send it you can open a dispute and get a refund, but they wont be able to open an NPB against you

and dont forget to share your feeling 🙂

[foxette-in-sox]

DON'T pay for it as you are wasting your time & will have the added hassle of having to open a dispute to get your money back.

The seller has made it clear they are not going to sell it to you & whilst they are in breach of ebay policy,no one can force them to sell to you.

JMO but I'd leave negative feedback now,forget it & move on.

[jbov6731]

This was my initial instinct 100%

For my own records, I have taken screenshots of the item listing, the winning auction price, the other person's bid retraction a day before ending as well as the message from the seller asking me not to pay for the item... just in case.

I looked at their history and noticed they have only sold a couple of items (including this one) and I'm wondering if they just made an honest mistake by assuming the Buy It Now price was the same as a Reserve Price. While not very perceptive, I can rationalize how someone might make the correlation between the two options.

I have canceled my payment through PayPal but not short of sending the seller a copy/paste of eBay's TAC in regards to Reserved Pricing.

I'm feeling a lot better about this now because it was a brand that I've never even heard of.

Thanks

[*crikey*mate*]

They are not only in breach of eBay policy, but also the Law of Contract. eBay may not be able to "force the sale" but the legal system can, Moot point though as you have suggested that you don't want the item enough to pursue that avenue, but be assured that the minute that auction ended with you as the highest and winning bidder, a legally enforceable contract was formed between yourself and the seller.

It is irrelevant that you have not paid yet (even though you have tried) your bid is counted as a promise to pay, which is all that is required under Consideration for a contract to be formed.

Your bid was the offer, when the auction ended Acceptance is deemed to have taken place. You have provided Consideration, had Intent to be Legally Bound, and I assume that you also meet the requirements for Capacity. All factors for the formation of a legally binding contract have been fulfilled by both parties.

Legally, you are equally obliged to finalize the Contract as the seller is.

[phorum_junkie*]

They are not only in breach of eBay policy, but also the Law of Contract. eBay may not be able to "force the sale" but the legal system can

All they could sue for is any financial loss which is zero, if they wasted the courts time with such a frivelous case no doubt they would be ordered to pay their own costs and possibly those of the other side.

Inexperienced sellers often make the mistake of thinking a BIN price is a reserve, in those cases I just move on, it is no different to being outbid,  I ani't gonna get it.  If it is obvious they have made a habit of it if I have paid already then I leave a neg, give the seller a couple of days to see if they have changed there minds and are going to send it and then open a dispute if they don't. If they haven't paid I wait 35 days so they cannot open an unpaid item dispute and so get any neg removed and leave them a red dot with only one star for each DSR.

[*crikey*mate*]

Then you don't understand Contract Law.

The purpose of Contract Law is to put the parties into the same position as if the Contract had remained on foot.

Regardless of whether it is for a plane or a guitar, either party has the right to have the terms of their contract met. That's what they are entitled to.

Past cases relating to eBay have seen the original item sold to another party in a seperate contract, (as would happen here if the seller relisted and got a bid) and then the court has ruled that the defendant meet the terms of the contract by sourcing another identical item, regardless of it's cost to the defendant to acquire.

[thecatspjs]

agree with crikey,

I wish other posters would not encourage others to walk away from their contractual commitments, unless clearly a scam. 

It just is not right to advise sellers / buyers to breach contract as an acceptable way to trade.

stop it please

if you sell something send it.   if you buy something pay for it.

no ifs, buts, maybes....

.

[thecatspjs]

JHOS its no good responding to my posts I will never take any of your advice

I am proud to say that I do not agree with your "business" approach

You are wrong regarding consumer and seller remedies regarding breach of contract, it is foolish to post otherwise, and mislead people of their consumer, and their trading, rights and responsiblities.

[*crikey*mate*]

---

@jameshouseofstyle wrote:

if you sell something send it.   if you buy something pay for it.

thecats, the above is always ideal of course, but it ain't gonna happen. It does and has many times. On ComLaw alone are 7 pages of archived cases. Perhaps the most famous being for a plane. Others for things of sometimes a low cost, but had significant emotional value for the buyer to pursue. One was a silver platter that was a lost family heirloom, when the member saw it for auction (it had been donated to some Country town "museum", as it turned out and when the Victorian Fires happened, they sold off some of the stuff that survived to raise funds to rebuild the town.) they bid on it and secured it for under $AU60.

No more will you persuade all sellers to part with their goods if they don't want to than persuade all buyers to pay. I don't think anyone was trying to pursuade anyone of anything other than the FACTS, and the FACTS are that there is recourse to have a legally binding contract enforced.

All the legal quotes are totally meaningless in practical sense so, Australian Law doesn't apply to you? -

so it's absolutely no point on your part telling well meaning people  who are suggesting to others they are flogging a dead horse, so to speak - and to walk away that they should stop giving that advice - when clearly that is the best possible advice they can give anyone who finds themselves in such position as OP. If it is the wrong advice, why should it be perpetuated? No one told the OP that they "should" persue legal channels, only that it was in fact a viable option if the buyer felt strongly enough about her purchase. The subsequent contradiction was false and misleading.

I can tell you that I have lost count how many times over the years we have refused to send an item to buyer, refunded their payment if they paid straight away and refused any forther communication with them. Just because you are so blase about breaking the law, does not make it the right thing to do.

Usually as a result of bad manners, rudeness,  an insult to a member of staff - that sort of thing.

Other sellers may have other reasons, but ultimatelly there is NOTHING and NO ONE that can force them to part with the goods. *cough* you mean apart from the Legal System?

Same goes for buyers - how exactly can they be forced to pay if they don't want to?

*raises eyebrows*

*peers over the top of glasses*

*points to the posts above*

(BTW, I pointed with my index finger)

With a threat of a strike? Don't make me laugh.

I am not sure that you are in a position to do so, to be honest.

---