buyer refused to cancel transaction is the sale still on

[sickantkw]

I had a buyer make an offer on some items Im selling and I agreed to his offer, we spoke the next day and he told me he had no intention s of paying and considering his feedback its not the first time that this has happened, so rather than wait I tried to cancel the transaction so I could relist and move on basically, trouble is he has refused to cancel and placed bad feedback on me and now wont answer calls or emails so I will be opening an unpaid item case against him....

now the silly question I have is, After trying to cancel the transaction through Ebay and them saying  that I cant cancel is the buyer still obligated to buy as he had no intentions in the first place

[*crikey*mate*]

if he committed electronically, then yes he is obligated, however enforcing that obligation is entirely in your court. If it goes to court he MAY rely on a defence of no intention to be legally bound, but in the electronic scenario, it is unlikely that this will hold up.

so is he obligated? depends on how the transaction transpired, but as I suspect you have no intention of heading to court to enforce the contract (if one exists) on the surface, yes he is. But getting him to pay is another matter and not one which eBay will enforce other than the NPB avenue, whioch won't get you your money, but it will rescind the contract so that you are free to relist and also see you credit3ed for your FVFs

but someone else will need to advise if you can open up a NPB dispute after a cancellation was rejected - I forget. Can't see why not, but there is something niggling me.

[digital*ghost · Accepted solution]

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@sickantkw wrote:

now the silly question I have is, After trying to cancel the transaction through Ebay and them saying  that I cant cancel is the buyer still obligated to buy as he had no intentions in the first place

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Technically, by refusing the cancellation they have indicated they want the transaction to proceed, which does mean both parties still have the same obligations, but doing something about it is another matter.

I know it's too late now, but just for future reference, if a buyer clearly indicates that they will not pay for an item, the best thing to do is open an Unpaid item dispute instead - once closed without payment, neither party should be able to leave FB for the other, and if the buyer does leave a neg, the seller can request its removal. The UPI also guarantees a refund of the FVF, which on a sale of that value would be quite significant - unfortunately the buyer has taken advantage of all vulnerabilities when using a mutual cancellation.

I suggest, if the messages can clearly indicate the buyer had no intention of proceeding with the sale (through no fault of your own), contact eBay and ask them to review the messages between yourself and the buyer, as they will sometimes credit the FVF, and - if you're really lucky - remove the FB. 

[the_great_she_elephant]

And you really haven't helped your cause by leaving the feedback you did. It is a breach of eBay policy to leave negative comments on a buyer's feedback. if your buyer complains to eBay they will remove it - but not the green dot - and you will have a strike against your account. A calm, factual follow up to the feedback he left you would have been much more effective.

[sickantkw]

thanks for a quick  response , yes the fvs were high for no sale, just new to selling but learning quickly

I will keep you all upto date with the progress

[sickantkw]

No wont be heading of to court any time soon but thanks for your help Im learning slowly

[sickantkw]

I understand I haven't helped my cause and my feedback may reflect this but I also believe ebay should investigate a little better before putting so much faith in the lies of a repeat offender, but agreed and the future will be calmer

[*crikey*mate*]

I was just talking to eBay, and they said that you can still open an UID following a rejected mutual cancellation.

Just clearing up my earlier post, as I had forgotten. Now I know.

[*mobile63*]

"I was just talking to eBay, and they said that you can still open an UID following a rejected mutual cancellation"

There has been the odd glitch where sellers can open an Unpaid Item Case after a Cancel a Transaction Case has closed ( maybe something to do with having Automatic UIC set up) but generally it can't be done. The system won't allow it.

[thecatspjs]

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@*mobile63* wrote:

"I was just talking to eBay, and they said that you can still open an UID following a rejected mutual cancellation"

There has been the odd glitch where sellers can open an Unpaid Item Case after a Cancel a Transaction Case has closed ( maybe something to do with having Automatic UIC set up) but generally it can't be done. The system won't allow it.

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Yes, that is my understanding too.  Lol, I am not sure who is talking to who about what, but the advice is generally incorrect.

Personal experience of a couple of cancellations - and I could NOT change to non payment when the buyers declined cancellation requests.

The cancellation policy also notes (from eBay AU site map):

Things to keep in mind:

• You must close the case in the Resolution Centre in order to receive a final value fee credit.

• Once the case is closed, you can't reopen it and you can't open another case for this transaction. This is true whether you close the case, or the 60 days expires and we close it