on โ28-12-2012 10:18 PM
The problem here is that I have contracted to buy an item from someone who is not actually the seller. The seller has good feedback and so I trusted the item description (eg used but "in perfect condition").
The 'hidden seller' was allowed to list the item with their own description and this hidden seller has, of course, no feedback and I have no basis to judge the trustworthiness of their description.
I feel that I have been mislead (not intentionally but mislead nevertheless) and the transaction is now too risky and may need to be cancelled. Am I entitled to cancel?
on โ28-12-2012 10:58 PM
The seller has already made it clear that they know nothing about the item and all the description was supplied by the hidden seller. It is not really relevant whether the seller is "ultimately responsible". That does nothing to help me ascertain whether the item has been truly described.
I doubt that there is anything that can be said here in regards to the current situation that you will find relevant other than the following simple facts:
No, technically you are not allowed to cancel - at any rate, that can only be initiated by the seller (or in these circumstances, account holder). So you will have to ask them if they are prepared to.
on โ28-12-2012 11:03 PM
The seller has already made it clear that they know nothing about the item and all the description was supplied by the hidden seller. It is not really relevant whether the seller is "ultimately responsible". That does nothing to help me ascertain whether the item has been truly described
When you recieve it you will be able to ascertain whether it's as described, until then you are sounding silly
and making the list of many I'm sure
on โ28-12-2012 11:11 PM
Lots of people sell items on behalf of their family or friends for lots of reasons so there is nothing unusual about the seller listing something for his brother.
You should just treat it like any other ebay transaction.
on โ28-12-2012 11:11 PM
"If it is a pick up item, pay via Paypal if possible and examine the item closely before you take it away. That way you have Paypal insurance"
There's NO Paypal buyer protection on pick ups.
It's always best to pay cash on pick up but only after a very careful inspection of the item.
snesn,
Is it the coffee machine ?
on โ28-12-2012 11:13 PM
Actually, despite appearances to the contrary, I can understand where the OP is coming from, to a degree. I personally would (and have) bought from 0 or low feedback sellers, but I know there are many that have other preferences and like the option to exercise them.
Again, personally I would not be immediately suspicious of the merit of the description upon finding out it was written by someone other than the account holder, but to each their own, I guess. ;\
on โ28-12-2012 11:22 PM
mid="605007422"]
As already stated the nominal seller has not taken any steps to test the veracity of the hidden sellers assertions. He is doing his brother a favour which raises the question as to why the brother is not listing it himself. Does he have zero or negative feedback?
The brother is not incapacitated in any way that would limit him from listing it himself. I can only assume that he is borrowing his brother's ebay credibilty because he doesn't have any and that inevitably creates suspicion.
[/quote]
Perhaps the brother is just unfamiliar with eBay and wanted to sell it through someone more experienced (a family member). It probably isn't because he wants the credibility of feedback or has negative feedback, it's probably just inexperience.
I have been asked to do this before, I have only ever done this for my parents having inspected the item thoroughly and listed it myself, and also for a friend having done the same thing. One reason I don't do it as often as I'm asked is because it's my feedback on the line if the item isn't as described. And it gets complicated for pick up items and a third party. I would much rather help the person to set up their own ID, help them list their item and learn how to navigate eBay from this ID. It does pose a question of who is responsible.
Not that this helps your situation much. But, the seller is putting themselves at risk if they know nothing about the item and may think twice about letting someone else list an item for them if the item is discovered to not be in the condition described.
I would still give them the benefit of the doubt however unless you have a definite reason to believe the 'works perfectly' description is false. Something more than the seller's identity.
The best thing you can do (keeping in mind your own feedback rating, possibility of unpaid item strike etc.) is to buy the item and ascertain whether the item works as described as soon as possible after the transaction giving yourself the option to apply for refund going through proper ebay channels. If however, you are determined to get out of the transaction you can politely explain your concerns and ask the seller(s) for a mutual cancellation.
Unfortunately There's really no way of knowing if it is as described without buying it and trying it!
on โ28-12-2012 11:32 PM
With all due respect, you have been given reasoned arguments. My own was a very reasoned argument actually,
based on reason (and being reasonable ), knowledge, and experience. I actually covered all three! ๐
The advice that you have been given is to complete the transaction or ask for a mutual cancellation. If this isn't what you wanted to hear that is unfortunate but there's no reason to denigrate someone's POLITE attempt to help.
on โ28-12-2012 11:35 PM
If there is someone with the capacity to advise based on reasoning, knowledge and experience then I would very much like to read their view.
Guess I don't qualify, but the information I gave you in post #10 remains true despite that.
You are not able to cancel a transaction, only the seller can initiate that.
They may agree, they may not. If they do then great, you're happy and all that. If they don't agree you can either follow through with your transaction or refuse to pay.
If you refuse to pay, they will most likely open an Unpaid Item Dispute to recover the fees the sale has cost them, the end result (for you) is an unpaid item strike. One will not affect your account, two can restrict your ability to purchase from sellers that block buyers with more than one strike.
on โ28-12-2012 11:36 PM
Like many discussion forums this has its fair share of trolls and others who are just not capable of making a reasoned argument.
The fact remain that I have contracted to buy from someone who has no feedback when I was led to believe that I was contracting with someone who has solid good feedback. That is the actuality of the situation regardless of irrelevant legal niceties about the nominal seller being "ultimately responsible".
If there is someone with the capacity to advise based on reasoning, knowledge and experience then I would very much like to read their view.
As putney said a buyer CANNOT cancel a transaction. Only a seller can initiate a cancellation and the buyer then has the choice of accepting or not. I would certainly not give you that option; you'd get a NPB case and a strike.
Try reading the site map. It's a mine of information on what you can and can't do.
I doubt even the serial button pushers would consider putney a troll, so you're way out of line there.
And pretty much everybody who has tried to help you has reasoning, knowledge and experience in how eBay works.
Just because they're not telling you what you want to hear makes no difference to the facts.
on โ28-12-2012 11:54 PM
Let me put it another way. I am arguing that there is a substantial misrepresentation or omission by the seller (intentional or otherwise). Substantial misrepresentation or omission is obviously always a potential basis on which a contract can be invalidated.
Feedback and a sellers rating are a substantial matter in many, if not most, ebay transactions. In this transaction, by the nominal sellers written statements, that feedback and sellers rating now has little significance because he is not the actual seller and did not supply the description.
This is the matter that needs to be addressed.