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Old 07-05-2007, 03:23 PM   #1 (permalink)
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E-Bay Seller will not sell item that I won?

What other recourse do I have where the seller says that they will not sell the gun for what I won it for? There was no reserve and it went off for the full time.
Does E-Bay have any other kind of way to put a complaint in on a seller that refuses to sell something that you won other than just feedback?
Thanks
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Old 07-05-2007, 03:29 PM   #2 (permalink)
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Also when I give him negative feedback what recourse will I have when he give me the same?
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Old 07-05-2007, 03:38 PM   #3 (permalink)
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Originally Posted by pwpaintball View Post
Also when I give him negative feedback what recourse will I have when he give me the same?
You could leave him a negative feedback, but there is no point being vindictive. you haven't lost any money, I would just walk away from it.
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Old 07-05-2007, 03:46 PM   #4 (permalink)
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Walking away is probably the best course of action. He should have put on a reserve, but no harm, no foul, in a sense.

Otherwise, wait until the last minute to give him feedback, and I'm sure that eBay has a complaint for undelivered goods. I've thankfully never had to use it.
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Old 07-05-2007, 03:46 PM   #5 (permalink)
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Actually,

A successful close to the auction is a contract per ebay's rules.

<quote from ebay's rules below>

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Seller Non-Performance


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. Both members are expected to honor that contract. In accordance with that contract, the seller may not:

Fail to deliver an item for which payment was accepted.

Significantly misrepresent an item by not meeting the terms and item description outlined in the listing.

Refuse to accept payment for an item at the end of a successful sale.

Further, sellers are expected to perform in a manner that results in a consistently high level of buyer satisfaction. If a seller's interactions with the eBay Community create unacceptable levels of buyer dissatisfaction, that seller has violated this policy.

Violations of this policy by a seller may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of eBay fees on cancelled listings

Selling fee schedule adjustments

Loss of PowerSeller status

Referral to Law Enforcement

A buyer who believes that a seller has not honored a contract should read the Additional Information section below to understand what remedies are available to the buyer.
Here's the additional information section

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If a seller has refused to complete a sale, and payment has not been sent or payment has been refunded, report the seller. Make sure to include a copy of the email documenting the seller's refusal to complete the sale with the full message text and complete email headers when making your report.

If a buyer has paid for an item and has been unable to receive the item or a refund, or believes the item was significantly misrepresented, they should refer to the eBay Item Not Received or Significantly Not as Described process. Buyers will also find instructions that will allow them to contact eBay to report the seller on this page.

Note: Eligibility for buyer protection services is determined by the payment method that you use and the eBay country site where the item was purchased. You can review how your purchase is protected on the item page.

You can only open a dispute through the specific eBay country site where you purchased the item. If you try to open a dispute on an eBay country site other than the site where you purchased the item, you will be asked to continue your dispute on the appropriate eBay site.

After receiving a report, eBay will consider the circumstances of the alleged offense. If a complaint cannot be proven with certainty, it is possible that no action will be taken. Due to privacy issues, eBay will be unable to discuss the result of the investigation.

If a seller is no longer able to complete the transaction because the item is no longer available for trade, the seller may consider contacting the buyer, explain the situation, and attempt to reach an amicable resolution. While eBay encourages the buyer to be open to a reasonable resolution proposed by the seller, the buyer is not obligated to agree to any such proposal.
You have the right to go after the SOB.

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Old 07-05-2007, 04:03 PM   #6 (permalink)
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I'd take it up with ebay.... For now. Get the copy of the e-mail he sent you with why he wasn't sending it.

The problem is that you would need to send them money to make it progress further. I suppose paypal, this way you could use their service to start an issue. But it might cost you and have you be out some $$$

OR

You figure out the days... I think it's 90 days for leaving feedback for someone. You leave evil feedback on the last day at night, and laugh... He then can not leave feedback on yours as the 90 days time limit will have expired.

Yes, ebay says it's a contract, but I doubt they'll do much though. I had someone do the same to me when I won... I was out both money and the object of affection. Thankfully only $5.00 but still... it was a motorized VL90... Grrrr...
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Old 07-05-2007, 04:07 PM   #7 (permalink)
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Yes do us all a favor and don't just walk away. Report the scumbag, and give him feedback. If he hits you with neg back, reply to it and explain your side of it.

I have had to sell items that went for much lower than I had wanted or hoped for one reason or another....I always followed through because I have been on the other side of it too.
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Old 07-05-2007, 04:57 PM   #8 (permalink)
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I've had this happen a couple of times. Both times were for decent markers and the prices were crazy low. Only my bid so it didn't go past the minimum. In both cases I offered to up the payment to an amount that was still a steal but at least gave the seller a chance to not basically be totally ripped off. One time the guy said "No, just pretend it's Christmas" and I got about $40 worth of stuff for a buck plus shipping. He wrote me up on another forum as a Saint over that one.... The other time we settled on an extra $20 to help take the pain away but I still got something at a bargain price.

Then there was the time the guy wanted $25 for shipping on what only cost about $4 to ship..... I didn't offer anything in that case.

You can make it painful for them but perhaps this option would be a decent middle ground for both of you....
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Old 07-05-2007, 05:05 PM   #9 (permalink)
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You win some, you loose some. I wish we could all decide to just skip over the time we lost like this guy did.

The rules are the rules. I know for a fact you've had to sell things at a loss, but then again there are times you've made a lot of money on something...that's how business goes. When guys like this cheat the system, then we all loose a little.
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Old 07-05-2007, 06:14 PM   #10 (permalink)
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Report it to eBay....

It happened to me once, and eBay suspended the seller's account...

Good luck,



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