R1150GS won on eBay, deal was too good.

[JGroves]

So disappointed...

I "won" a 2002 R1150GS Adventure on eBay Sunday night.

It was a deal I couldn't pass up.

It was also a deal the seller thought was too good as well. He backed out claiming he just couldn't let it go for that amount (ever hear of a reserve price?). Honestly, it really WAS too good, but the seller shouldn't have put it up for auction if he wasn't prepared to honor the winning bid.

Anyone else have this happen?

Jacked.

[Florian]

contact Ebay and let them know of the situation. The seller should be held responsible for the exchange once posted.


F

[hagar]

I agree, if he did not have a reserve, he should honor it. Post negative feedback if you can.

[Ted]

Anyone else have this happen?

We had kind of the opposite happen, but the net result in our case (and yours) is that the "auction" isn't binding.

My wife bid on some Eddie Izzard tickets over the summer. She ended up being second highest bidder. A day or so after the auction ended, the seller emailed her stating the high bidder "backed out", and would we be interested in the tix at the high bidder's last price.

We told him that we'd take them for our last price, since the high bidder really isn't the high bidder anymore. Seller wouldn't bite.

As it turns out, more shows were added and more tickets released and we were able to buy from Ticketmaster for about 1/2 of what we would have paid the scalper.

Who knows if this was a scam, but it was the seller's choice to let the high-bidder off the hook, and there was no way we were going to match the non-existing bid.

[DavidTaylor]

So disappointed...

I "won" a 2002 R1150GS Adventure on eBay Sunday night.

It was a deal I couldn't pass up.

It was also a deal the seller thought was too good as well. He backed out claiming he just couldn't let it go for that amount (ever hear of a reserve price?). Honestly, it really WAS too good, but the seller shouldn't have put it up for auction if he wasn't prepared to honor the winning bid.

Anyone else have this happen?

Jacked.

Contact eBay and file a complaint. He should not be able to back out of the auction if you met his requirements and you won the auction. Him being too stupid to know how to use the system is not your problem.

[dshealey]

I agree with others. Report him to eBay, although it will not likely help. He should honor the bid if he did not have a reserve price. Often people put things on eBay without any understanding of how eBay works. Their ignorance is not a good reason to back out of a deal. but outside legal resources probably not much you can do about it.

[astuber]

We had kind of the opposite happen, but the net result in our case (and yours) is that the "auction" isn't binding.

My wife bid on some Eddie Izzard tickets over the summer. She ended up being second highest bidder. A day or so after the auction ended, the seller emailed her stating the high bidder "backed out", and would we be interested in the tix at the high bidder's last price.

We told him that we'd take them for our last price, since the high bidder really isn't the high bidder anymore. Seller wouldn't bite.

As it turns out, more shows were added and more tickets released and we were able to buy from Ticketmaster for about 1/2 of what we would have paid the scalper.

Who knows if this was a scam, but it was the seller's choice to let the high-bidder off the hook, and there was no way we were going to match the non-existing bid.

Something very similar happened to my wife a few years ago. She wanted to buy an new sewing cabinet and found one listed on ebay. We put in a bid and were out bid at the last minute (big surprise). My wife was quite upset that she had 'lost' the cabinet. The next day I did an internet search and found the exact cabinet for several hundred less than our previous bid.
Two days later we received an email from the seller asking if we still wanted the cabinet at our last bid price - it seems that the auction winner had backed out. The ebay auction would have required us to drive 200 miles each way to pickup the cabinet while the one I found online was delivered to our house. I learned that you need to do your homework before bidding on ebay and not to get caught up in the bidding frenzy.

[jrlakin]

I bid on a boat one time, and it was a very good deal--very much below market. The seller made a mistake on his reserve price. I was the high bidder, but there wasn't much I could do about it except bitch. I did write him and ask him if the shoe was on the other foot, would he let me out of my bid if it was a mistake. He never answered me, so I guess I know the answer was NO he would not. But again, not alot you can do about it.

[JGroves]

This guy has had an ebay account since Nov, 2000. He also has a feedback rating of 100%, with over 120 reviews, so he's not a newbie.

He had a Buy It Now set at the beginning of the auction (KBB retail), but with no reserve, it disappeared after the first bid. No minimum either.

I won the auction for just over 33% off his BIN price.

[juggler]

eBay sez: Listing an item or bidding on an item constitutes entering into a binding contract.

He must sell you the item at the final auction bid.

That's the way eBay works.

[BeemerRiderBoB]

This guy has had an ebay account since Nov, 2000. He also has a feedback rating of 100%, with over 120 reviews, so he's not a newbie.

He had a Buy It Now set at the beginning of the auction (KBB retail), but with no reserve, it disappeared after the first bid. No minimum either.

I won the auction for just over 33% off his BIN price.

So he's decided he'll take the hit on his feedback vs selling it at the winning auction price. He can claim any reason for not selling but bottom line....nothing you can do legally. Negative feedback's the only way to ding him and it's likely not enough to move him to sell.

Tough luck...probably happens more than we realize.

[juggler]

On the other hand, you could hire a lawyer, sue him for breach of contract, get a court order to compel him to sell you the bike at the agreed-to price, at which time, he could drain all the oil out of the engine and idle it at redline for a few minutes.


Still, you have legitimate grounds to complain to eBay and/or take legal action, if you feel so inclined.

[juggler]

http://pages.ebay.com/help/policies/seller-non-performance.html

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract that both members are expected to honor.

[Jim_M]

I had the same thing happen a couple of years ago. I bought a truck on eBay for way less than it should have sold for. I e-mailed the seller a few times, never heard from him so I got his phone number through eBay and called him. He said there was no way he was letting the truck go at that price. I asked him what he would take and he gave me a price about three times what I bid for it, and more than I thought it was worth.
I complained to eBay, but in the end the only thing I got out of it was the satisfaction of leaving him negative feedback.
I sell a lot of antique auto parts, mostly Model T Ford, on ebay and start every auction at 99 cents with no reserve. I've burned myself a couple of times, but more often than not I end up getting more out of a part than another guy will that has set a reserve or started at a higher starting price.
Bottom line is that if I list a $400.00 part for 99 cents and it brings 99 cents, then that's my problem not the buyer's problem, a deal is a deal and I honor their bid.
Bottom line here is that even though eBay says an auction is a binding contract, they won't do anything to help you, they've made their money no matter how the deal turned out for you and the seller (or buyer).

[brianbeemer]

This guy has had an ebay account since Nov, 2000. He also has a feedback rating of 100%, with over 120 reviews, so he's not a newbie.

He had a Buy It Now set at the beginning of the auction (KBB retail), but with no reserve, it disappeared after the first bid. No minimum either.

I won the auction for just over 33% off his BIN price.
That's how buy it now works - as soon as a first bid is received the BIN option disappears. I do this on some of my items - pushing my luck if you will. His fault that he didn't put a reserve - he probably thought BIN = reserves, which of course it doesn't.

The only thing you can do is open an item dispute and let eBay know he reneged on the deal. Don't just send eBay an email, do the 'item dispute' thing as that's the correct channel. He'll get a 'strike' against him, which is better than negative feedback because if he gets any more his account will be suspended...

I have an item dispute open right now with a purchaser who hasn't paid and doesn't acknowledge my emails. He's got 100% feedback too - it doesn't make any difference. He will now be prevented from bidding on seller items where the sellers check the box that says "exclude buyers with a strike against them". Any seller worth their salt has that box checked...

[kip]

if anyone gets any satisfaction out of ebay id like to hear about it

ive had several issues either buying or selling and have yet to ever actually reach a live person at ebay

there isnt much satisfaction in emailing back and forth with a computer!

i believe you will find that there are laws that "protect" buyers and sellers in just about every state in which either party can "renig" for a period of time...

so, while an ebay auction is theoretically a "binding" agreement.....its no more binding than signing a contract to buy a house.....or a car.....either of which can be backed out of usually within 72 hours.....

just makes it alot more frustating when its something like a GS ;)

[XMagnaRider]

I'm not impressed with eBay's flawed feedback system. I bought a product that was advertised as "new with software" and got a beat-up piece of junk; it was useless because the necessary software was missing and could not be obtained from the vendor without significant expense.

The seller lied, stalled, etc. until I realized that he was trying to get past the PayPal 45 day complaint time limit. After I returned the product and threatened him with filing refund requests to PayPal and my credit card, he still didn't refund the full amount. I left him negative feedback; he retaliated by leaving me negative feedback with really vile comments, none of which were remotely true.

The lesson is that you can't trust feedback on sellers - buyers are afraid to leave negative feedback, out of fear of retaliation, so all that's left are the positives.

Whoever leaves feedback first, however honest, exposes themselves to retaliation, which may not reflect their true behavior. It is essentially seller blackmail.

[UncleRock]

Fuck e-bay

Everyday day they knowingly pocket money from felonious copywrite infringements.
Only making pennies at a time (anyone see office space?)times millions of trans actions per week. Makes them one of the highest paid criminal org in the country (outside the government of course), want to buy stolen stuff look on e-bay.
Rock

[K1200LTryder]

How far away does the seller live from you ?

Sometimes a weekend trip is worth the satisfaction of seeing the guy who screwed you face to face, then punching his freaking lights out.


:D

[BMWphreak]

Fuck e-bay

Everyday day they knowingly pocket money from felonious copywrite infringements.
Only making pennies at a time (anyone see office space?)times millions of trans actions per week. Makes them one of the highest paid criminal org in the country (outside the government of course), want to buy stolen stuff look on e-bay.
Rock


+1 Ebay: Home of higher prices

[petevandyke]

Legally binding contract.

I talked to EBay about a similar incident, though less in price, three weeks ago. Seller realized that she wasn't going to get the price she wanted and pulled the auction, claiming "I lost the item" but turned around 6 hours later and listed 50 of the same friggin thing.

I contacted EBay and pitched a bitch, they told me that a seller has the right to pull an auction for basically any reason they want, but only up to 24 hours before the auction ends, after that, they are bound.

As for the notion of "what if he damages the bike deliberately..." if he has listed the bike as in perfect working order, that is what he has to deliver. If there are pictures and a certification statement, it cannot be anything less than that.

If you have not contacted EBay, you should do so immediately.

You got yourself a bargain, friend.

My buddy discovered an audi A6 with 4,000 miles on it, about 5 months old on EBay a couple years ago. Auction ended at 3am on a Tuesday. Seller didn't have a reserve. He was the top bidder at something like $6,300, which at the time was about $35K UNDER blue book for the car, which was LOADED.

Seller contacted him and asked him to let him out of the deal. He said no, that it wasn't his fault that the seller screwed up, and it's a binding contract.

Seller came back with (his words) "fuck you, I'm not selling it to you."

EBay North America has a full staff of attorneys (if this were an out of country deal, you'd have a tougher time). Three days later he had details for escrow payment, a week later he had inspection paperwork and his new car.

Push it, man.

Has nothing to do with his feedback rating...if that really bothered him, he can always close his account and have his wife open a new one with a new name. It has everything to do with the free market.

Do you think if the bidding went $5K OVER the actual value of the bike he'd contact the winner and tell him "I'll put a cashier's check for five thousand in the saddle bag for you, it's not right that you overpaid me..."

when you email ebay customer service, use the FRAUD email address, it'll get you a faster response.

[jayjacobson]

....I left him negative feedback; he retaliated by leaving me negative feedback with really vile comments, none of which were remotely true....Whoever leaves feedback first, however honest, exposes themselves to retaliation, which may not reflect their true behavior. It is essentially seller blackmail.
Exactly right! I bought four items from the same seller. I left one NEUTRAL FB covering all 4 items due to excessive shipping time (15 days).

OVER six months later, asshole leaves me four negative FB ratings (with generic comments such as "bad experience, would not recommend," whatever the fuck that means)! It had been so long that I had no idea who this shit head was, even. I had to research all my purchases to refresh my memory! I contacted ebay and the only way to get that bogus negative FB removed is to do a mutual withdrawal. So that's what I did. My FB score is back to 100%, but the negative FB with generic, meaningless comments remains! The seller had nothing to loose because he had numerous negative comments already. Now I'm a lot more careful who I buy from.

[dfinazzo]

99.9% offers to sell you an item that someone else won and you did not win is mostly a scam. This is nothing more than a cooked seller working their auction values up over real value then breaking eBay rules trying to resell you off line the item. You may notice that often when this happens the auction was won by Buyers with (0) feedback - go figure!

Back away from the offer, opportunity and the seller - in fact report them to eBay!! :D

[gatorglenn]

Hi,

I recently "bought" a bike using eBay's buy-it now and the dealer sold the same bike the next day in their store to someone else. I sent a deposit and they waited a week before telling me it was sold to someone esle. I was less than 48 hours from driving 500 miles each way to pick the bike up. Basically nothing that I could do except leave negative feedback. I also sent a complaint to eBay but heard nothing back. The bike was gone so what could be done? It was a used bike that could not be replaced.

You can always try and sue the seller and if the seller is a business you can file with the Better Business Bureau but they have no power either.

Basically I guess you have to complain and move on because I don't think anyone can legally make the seller actually sell you the bike.

Good luck,
Glenn

[cccpastorjack]

Wow...interesting posts. Sad to hear of your experience. I learned the reverse of your lesson the hard way. Bidding didn't even get near the value of the parts, but I still just sent them right out. It was MY fault, not the bidders.

Anyone else ever done this?