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

[davewil1964]

But if the buyer refuses a cancellation, the seller hasn't closed the case and eBay haven't closed it due to time.

So that particular clause would appear not to apply in such cases.

But I'd still be talking to eBay if the buyer messaged through eBay that they had no intention of paying.

[thecatspjs]

A case is automatically closed when a buyer declines a cancellation.

If a buyer does not respond to a cancellation request it can be closed by the seller in their own favour with final value fees being credited after 7 days have paid.

[davewil1964]

I'm fully aware of that, but your quote mentions nothing about the seller refusing a cancellation as a reason for not allowing another case to be opened, so it weould seem to be a grey area -

• 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

[thecatspjs]

It is the way it is

The process is automated.  It closes when declined. 

Same as a NPD, that automatically closes when a buyer pays  

Though automated case closure of NPD because buyer paid makes me much happier.

[*crikey*mate*]

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@davewil1964 wrote:

But if the buyer refuses a cancellation, the seller hasn't closed the case and eBay haven't closed it due to time.

So that particular clause would appear not to apply in such cases.

But I'd still be talking to eBay if the buyer messaged through eBay that they had no intention of paying.

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Dave, you are spot on.

The reason being that when a mutual cancellation is rejected, the contract is still on foot.

The contract has not been terminated.

[thecatspjs]

If a buyer declines to cancel - the cancellation case is closed without cancellation of the contract.

^^^ So of course the contract between the parties is not cancelled or terminated ^^^