Feedback

[stoneleigh106]

Hi All. Trying to leave negative feedback for a non-contact purchaser but it is not an option in Feedback.

Any help appreciated

[gec2002]

""Of course eBay state that a bid or purchase is binding. That’s the policy."" so why is Imastawke inferring it isn't binding.  In regard to her statement what eBay does or doesn't do about it is not the point.  The OP is correct in his assumption that a sale is binding (other than in certain circumstances, which don't apply in this case).

[davewil1964]

A binding sale is legally enforceable. Given eBay don't have that power, nor do buyers or sellers, what eBay states is not the legal truth.

[countessalmirena]

imastawka is talking about what happens. There is a discrepancy between a stated policy and what actually takes place - and how eBay attempt to enforce through statement (and the prospect of punitive measures against an eBay account) rather than through legal measures.

If an eBay seller wants to seek an enforcement of a sale in court, he/she might be successful… but might not. Each case is different and there are several mitigating factors that might result in a judgement against the seller. In particular, if the seller has not suffered an appreciable loss directly related to the failed sale… well, enough said.

[gec2002]

A sale on eBay is legally enforceable.   Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

[davewil1964]

That was a specific case relating to a specific item, an aircraft, where the buyer had incurred material loss as a result of the seller's failure to fulfil the contract.

It has not and cannot be related to sales of $10 items. And it would have to be disputed in court, as your outlier case was.

[imastawka]

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@gec2002 wrote:

A sale on eBay is legally enforceable.   Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

Please explain how I'm supposed to force someone to pay me for an item.

If I list an item for pick up and then they decide they don't want it after looking at it, is that legally enforceable?    

I think the term 'get real' is appropriate here.

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[repentatleisure1952]

🤣🤣🤣

[sandypebbles]

Once again

real

world

Post all the quotes you like

But don't pretend a buyer will ever be somehow magically forced by eBay, the seller or legal folk to pay for fake bids 

[sugar249]

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@gec2002 wrote:

A sale on eBay is legally enforceable.   Smythe v Thomas, the Supreme Court of New South Wales stated that a listing on eBay amounts to an offer to sell to the highest bidder and, a binding contract occurs when the auction time had expired.

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Have you actually read the full judgement?

Are you prepared to spend a cool few hundred thousand taking Ebay or the seller to court over a $10.00 item.

[*sons_n_daughters*]

I got taken to court by a buyer, because I refused to accept the item back after they purchased it and took it home. Her husband wasn't happy with the purchase. It was quite expensive. She was a compulsive buyer. She set ebay onto me, who I promptly told to flick off because she had paid with bank deposit. 

I got a letter to go to court to try and force a refund. Long story short, she lost. Despite the court saying she had to pay all my expenses, I was out of pocket around $2500 for my $9,000 item. Despite what a court says, that can't be enforced. My only option was to take it back to court, which they would have then insisted the other party pay, but if they didn't, I'd be out more money in legal costs and be no better off.

Given that a court of law (I'm in NSW) can't enforce payment, there is not a chance in dixie that ebay is going to enforce a payment. Think of it like a warranty advertised on ebay. Yes, it's there in print, but that's all it is. I strongly doubt anyone would spend a few grand in legal fees to prove a point over a $10 item.