Dodgy Make an Offer Buying Practice-Read the Note

[gamezguy]

I recently found an offer for an item OVER the Make an Offer price. Great, I thought, if you want to give me more money then fine.

When I went to accept the offer I noticed the buyers note: Inc delivery to Melbourne.

I also noticed the fine print stated that when you accept an offer you also accept any stated buyer conditions.

Clever buyer, but a sneaky practice. If I accepted I would have accepted a reduced offer as I would have to cover postage.

When you look at an offer please examine the buyers note, as you will be bound to any conditions that are stipulated here.

Cheers,

[springyzone]

I guess it works for sellers the same as buyers.

If an offer seems to be too good to be true, there's most likely a catch.

Agree with you, it was a bit sneaky I suppose. I didn't even know a buyer could add conditions to a 'make an offer'.

[thecatspjs]

I just don't get why anyone would think it is sneaky to propose conditions to a make an offer.  The facility is there to do exactly that.

An offer to buy is certainly not restricted to price alone, an offer could include terms such as post costs / pick up / combined post / extended payment terms etc

When putting an offer to a seller I often propose conditions, including from time to time making my offer conditional on time of seller response, with a deadline of 24 hours for a response to the offer to hurry up the offer process.  

[digital*ghost]

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@thecatspjs wrote:

I just don't get why anyone would think it is sneaky to propose conditions to a make an offer.  The facility is there to do exactly that.

An offer to buy is certainly not restricted to price alone, an offer could include terms such as post costs / pick up / combined post / extended payment terms etc

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That is what is shown to buyers on the full screen offer page, but interestingly not on the new pop-up window system - to offer a price that is inclusive of postage is contradictory to the way the system is supposed to work. 

The conditions you add must not breach eBay policy.... I'm not making any specific claims as to what is or isn't policy because I haven't researched it in depth, but the seller has 48 hours to accept or decline - I doubt you can "invalidate" an offer because you put a different time limit on it - the offer itself is the same as a bid, and there are only certain conditions under which a bid / offer can be retracted. The seller not responding to enquiries within 24 hours is not one of those conditions.

[thecatspjs]

I respectfully beg to differ.

You can propose contract sale terms in an offer, exactly the same as a seller can outline their sale terms in a listing.

An offer is not a bid, it is an offer that may be conditional on a buyers proposed terms being accepted.  If the seller accepts your offer and conditions it forms a sales contract between you and the seller. 

[tin.tiara]

From a sellng point of view it would also mean if you had charged postage rather than free you would also be paying your final value fee on the postage as well.  it all adds up as an expense.

[digital*ghost]

eBay explain that an offer has the same contractual committment as a bid. 

One of the reasons added terms can not breach eBay policy, and are meant to be for the item price only, is because eBay allow sellers to set up auto-decline and accept.

[digital*ghost]

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@digital*ghost wrote:

eBay explain that an offer has the same contractual committment as a bid. 

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....well, I thought they did, but now I can't find anything that says as much.  

[thecatspjs]

There are only a couple of rules that I can see.

One is about postage - if a seller has stated postage price separately - then that should not be included in an offer, the post specified stands as part of the offer. 

If seller does not have stated exact posts costs, it can then be included in the overall offer if buyer pops in to their offer- postage included.

The time frame for best-offers just states that offers expire in 48 hours. 

Exclusions identified in Questions and Answers on Best Offer  primarily relate to out-of-stock quantity blocking and buyer restrictions such as being on blocked list. 

Fortunately IMO this is a market place, ebay can only restrict trade and negotiation to a certain point.

[digital*ghost]

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@thecatspjs wrote:

The time frame for best-offers just states that offers expire in 48 hours. 

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It says this:

The fine print

• Best Offers are good for 48 hours, or until the listing ends, whichever comes first.

• If the seller doesn't respond to your offer within 48 hours, it is cancelled.

• If a seller accepts your offer, you're required to complete the transaction.

  Unless you retract your offer, and there is no "the seller hasn't responded to my offer within 24 hours" provided as a valid reason to retract, only the following:

  • You accidentally enter a wrong offer amount (for example, you submitted an offer for $9.50 instead of $99.95).
  • The description of an item you have placed an offer on has changed significantly.

  http://offer.ebay.com.au/ws/eBayISAPI.dll?RetractBestOfferShow

  the seller retains the ability to accept your offer after 24 hours, and if they do.... you don't believe you would be required to complete the transaction? I guess it depends on whether you think the time limit eBay imposes forms part of the policies that can't be breached when adding additional terms.