Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

[millyswardrobe5]

2 weeks ago I sold a couple of items that had a postage option or a pick up for local buyers.  I work full time and have 2 children who I have to drive to school and various sporting events.  In my description I stated that pick up times would be restricted becasue I can't always be home.  Most buyers who have pick up have been fantastic and were able to give me a time for collection when I given them my availablity.  The buyer I'm having difficulty with said that her life revolves around her children and as such I should be more considerate and wait for her to collect when it is best suited to her.  The first weekend after the sale she sent a message to say that she was going to pick up on the Saturday afternoon or evening.  I originally had plans and said that I was happy to cancel them if it would make her life easier.  I then received a message saying that she would text when she was on her way.  Saturday afternoon and evening passed, I never heard from the buyer.  I also gave her a Sunday morning option to pick up before 9:30am or after 1:30pm.  I work full time and need to do the grocery shopping over the weekend.  Again I never heard from the buyer.  On Monday I received a phone call from her saying that she was coming over to pick the items up.  I apologised to her said that it would not be possible at the current time becasue I was at work and 45 minute drive away from home.  Please note that the buyer lives in the next suberb to me and at most it is 10 minute drive for her.  I then later sent her a messaage to give her some week day mornings and afternoon times for pick up.  Her response was I will call when I'm coming. This has been difficult for me as I have had to commit to being at home for her to come.  On the Friday of the following week she had arranged to pick up at 3:45pm  This was okay and I had said to her as long as it was before 5pm I would be home.  After 6pm I received a message from her saying that she had a headache and wasn't coming for pick up.  She wanted to come over the weekend.  Again I had no response from her.  I really want to cancel the transaction as it is time consuming planning home avaliablity times and commiting to being at home for her not to show.  I am trying to have a clear out before Christmas and items she is picking up are quite bulky.  Am I in the wrong here?  I feel as though I'm the one making all the effort to meet her needs.  I don't really like the pick up option and I only do it as a favour to buyers.  Can I try and cancel the transaction and say that pick up is no longer an option for her?  Is she allowed to leave negative feedback if I say pick up is now no longer an option?  Thank you for your thoughts and ideas 🙂

[millyswardrobe5]

Thank you

[zigzagdot]

I've had a Buyer like this as well, I was inexperienced at listing and did not STIPULATE a time frame in which payment should be received.  Legally speaking, SURELY there must be an REASONABLE time frame in which a buyer must collect and pay, even if the Seller does not stipulate?   In my case this was the Buyer's loophole and she used it to full advantage, she told me I did not stipulate a time frame and I had to hear all about her life commitments as to when  and how she would find it suitable to collect......

Again... if it is MY ITEM THAT I LEGALLY OWN I should reserve the right to EASILY do away with such a time waster without facing the blackmail consequences of negative feedback?   Why does a SELLER have to make allowances for a Buyer who does not pay and collect in reasonable time, I dont give a rat's ass about the Buyer's life commitments, I sold something, I want to get paid for it and I want it collected! 

[*crikey*mate*]

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@zigzagdot wrote:

I've had a Buyer like this as well, I was inexperienced at listing and did not STIPULATE a time frame in which payment should be received.  Legally speaking, SURELY there must be an REASONABLE time frame in which a buyer must collect and pay, eBay allows 8 days minimum for any purchase regardless of delivery/collection or payment methods. even if the Seller does not stipulate?  The seller can stipulate anything they want to, but this does not overrule the implied term of a minimum of 8 days to pay and take possession.  In my case this was the Buyer's loophole and she used it to full advantage, she told me I did not stipulate a time frame and I had to hear all about her life commitments as to when  and how she would find it suitable to collect......

if you followed the guidelines eBay have put into place to protect you, then this should not have lasted more than 8 days.

Again... if it is MY ITEM THAT I LEGALLY OWN you no longer have legal ownership of the item once the auction has finished. I should reserve the right to EASILY do away with such a time waster without facing the blackmail consequences of negative feedback?  once you sell an item, the legal right of ownership now passes to the buyer.  Why does a SELLER have to make allowances for a Buyer who does not pay and collect in reasonable time, You don't. eBay have implemented procedures whereby 8 days is deemed to be a reasonable time and compliant with the law to terminate the contract. I dont give a rat's ass about the Buyer's life commitments, Maybe you should have thought about that a bit earlier. I sold something, Yes. Yes, you did. I want to get paid for it and I want it collected! 

If the buyer does not pay, there at least 2 legal ways which you can either enforce or void the contract.

1) use the eBay Unpaid Item Dispute Process

2) sue for non performance of contract.

between you, me and the gate post - the eBay system is more cost efficient and definitely a lot faster than any legal avenues.

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once the time limit on the auction has fully expired - i.e the auction has ended, if you have a winning bidder, then at that precise moment the item is no longer yours. legal Ownership passes from you to the buyer. (providing that all of the elements of forming a contract have been met, which on eBay is pretty much a given).

I'll emphasize that point. Once the auction concludes, providing the elements of contract formation have been met, then it is at that moment when legal ownership passes from the seller to the buyer.

The seller is now in possession of goods that do not belong to them.

You cannot do anything with those goods other than give them to their legal owner, (the buyer), until the contract is legally voided.

You cannot cancel the sale, you cannot relist, you cannot refuse to sell the item unless both parties agree to cancel the contract or a legal process has been followed declaring the contract void.

Any other action is illegal - and puts you in breach of contract for non performance.

(NB: with the exclusion of unclaimed goods as different procedures apply)

[thecatspjs]

OP if you open an unpaid dispute, and then close it in 4 days time -  the contract is cancelled when it is closed without payment, and ownership reverts back to the seller. 

[*crikey*mate*]

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@thecatspjs wrote:

OP if you open an unpaid dispute, and then close it in 4 days time -  the contract is cancelled when it is closed without payment, and ownership reverts back to the seller. 

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This is worth repeating as it is 100% correct.

=> This is the minimum 8 day payment period process that eBay have put into place to protect the sellers and to save time and money with legal costs.

[zigzagdot]

How can something be considered as SOLD when it has NOT BEEN PAID FOR?  Try that one at COLES, see how far you get. 

I'm just being honest, I don't  give a rats ass about Buyer's collecting time schedules, they don't give a rats ass about Seller time schedules either.  Keep it SIMPLE, SELL, PAY, POST or COLLECT at an arranged time.  The process becomes legally complex when either party does not play the game and even more tricky when the Auctioneer leaves loopholes for Buyers and disempowers Sellers.   

[bjmonty28]

Very true words there " SELL, PAY, POST or COLLECT ".

Nowhere in the eBay terms have I read that it is the buyers property just for clicking on a bid button on the internet.

So if one bids ona lamborghini and wins it at auction can he pick it up straight away ( with police present )? and then the seller can go through the " legal process " 

P.S. not bidding on that $400 000 lambo yet, lol.

[phorum_junkie*]

I would ask when it was good for her to be at home and then I would deliver the ******* thing and stand on the doorstep waiting for the money!

[*crikey*mate*]

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@zigzagdot wrote:

How can something be considered as SOLD when it has NOT BEEN PAID FOR?  Try that one at COLES, see how far you get. 

I'm just being honest, I don't  give a rats ass about Buyer's collecting time schedules, they don't give a rats ass about Seller time schedules either.  Keep it SIMPLE, SELL, PAY, POST or COLLECT at an arranged time.  The process becomes legally complex when either party does not play the game and even more tricky when the Auctioneer leaves loopholes for Buyers and disempowers Sellers.   

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the auctioneers have not left any loopholes, (BTW, eBay say in their T&C that they are not auctioneers) they are applying the law of contract. Something that might be a wise thing for anyone to apply who enters into contracts.

you can caps lock me as much as you like, but this doesn't change the law.

a promise to pay (which is what a bid is) is sufficient consideration to form a legally binding contract.

yes the law is tricky if you do not know it (and a lot of times even if you do) but that does not give you the right to break it.

To form a legally binding contract you need

1) Offer = the bid

2) Acceptance = when the hammer falls/auction times out.

3) Intention  = you signed the user agreement

4) Consideration = your bid is a promise to pay

5) = capacity - you signed the user agreement

Contract formed

Ownership passes.

If either party fails to perform a condition of the contract they are in breach of contract. Not even this voids a contract. I have already explained how to get a contract voided.

In coles, consideration is not given until payment is made and the payment (the offer) is accepted by the cashier.

Therein lies the basic difference of forming a contract online vs B&M.

[beautbots01]

I think it is your turn to be UNAVAILABLE for her to pick up.  At least for the next four days.