@neckrogrim wrote:
Hello fellow eBayers,
As you can see, I am a veteran eBay user, but only brand new to the discussion board here.
Sorry for my long topic name, "A buyer breaks the terms of sale, twice, then pays after you stipulate they have missed out on the item and initiate a nonpaying bidder dispute"
Really, I'm seeking some "moral guidance" on how to proceed with a situation. The situation is as follows:
I sold an item, stipulating in the listing that payment is to be received within 7 days. A new buyer won the auction, and decided to make no contact or payment within those seven days, until I opened a dispute on December 3rd - the auction finished on November 25th. (I looked to cancel the sale rather than file a non paying bidder dispute, which was, in retrospect, a more appropriate course of action.)
By sending this mutual cancellation request, you are asking the buyer to agree to cancel the contract. A contract cannot be cancelled unless by mutual agreemnet, a legal method of arbitration which facilitates a mutual agreement adjusting the terms of the original contract. or a court order.
The buyer declined to cancel saying he would pay on December 13th, That is his legal right. He chose not to form more terms of the contract. He did not agree with your proposal.
a full ten days after the outlined, requested payment timeframe would have passed.
This is his first breach of contract. Yes, so you need to take action to have this ruled as a breach of contract for non performance or enter into a mutual agreement to end or adjust or terminate the terms of the contract.
I pointed this out and gave him a further 24 hours to pay; an eighth day, which he failed to pay within; his second breach of contract. No it isn't, unless he agreed to your aditional terms. You cannot add terms after the contract is formed. He is still in his original breach of contract.
He paid on the ninth day, He has now fulfilled the contract and is the legal owner of those goods and you need to supply him with that product.
after I relisted the item,you had no right to relist the item as your contract with the buyer had not been terminated.
and after I explained he lost the item due to his two breaches of contract see above
I feel I should refund his money yes, yes you should, at the very least, as you are now in breach of contract if you cannot supply the goods to this buyer. He has every legal right to refuse the refund (or accept it) and sue you for breach of contract.
and explain again what I have already made clear to him; he did not meet the conditions he agreed to by placing his bids, and thus lost out. This is not something you can deciode, you cannot terminate a contract, see above.
I am, of course, keeping in mind my feedback, which currently is 100%, no negatives buying and selling, after 910 transactions. You should also keep in mind the law.
Clearly, I am not interested in dealing with time wasters, or people who make up their own rules, You too have made up your own rules and breached Australian Law. Just because one party breaches a contract does not release you from your obligations to it.
after they agree to ones I created and expect them to adhere to. see above
I very rarely need to do take this kind of action, I hope not, you have acted illegally.
and it isn't pleasant that I need to deal with non paying bidders.
Appropriate and halpful replies appreciated.
Regards.
as CQ sais, non paying buyers are a scurge, and I am sorry that this has happened to you.
However, you no longer have a non paying buyer. You now have a trading partner who has fullfilled his contractual obligations and now owns the product.
If your item sells to a second person, you now have two seperate contracts on foot.
I would cancel the current listing before you fiorm a second contract and meet your obligations of the first.
If that is too late, you need to refund this buyer IN FULL, this is not a moral obligation, it is a legal one. and hope like crazy that he doesn't sue you for non performance and breach of contract or report you to eBay for non performance.You have sold goods that belong to someone else if you fiorm a second contract on these goods.
yes, sometimes the law is an ass. but it is our law and we have to abide by it.
You chose not to enforce your legal right and go through the processes to have the contract terminated. You left the contract on foot.
unfortunately, it is you who is actually in the wrong here.
Some people can go their whole lives and never really live for a single minute.
