Non-selling Ebay seller

[RogerP]

All the "Terms and Conditions" sellers like to tag onto their auction listings are really a waste of time as when it comes to the crunch only T&Cs that count are eBay's and PayPal's.

It's all very simple really. Sellers either list as an auction and the highest bidder, above any reserve, wins or list as a BIN and the first one to click the button wins. If a seller refuses to sell eBay will give the seller a black mark and more than 3 and they'll chuck the seller off eBay for a month or so. Do it again and the ban is permanent and they block the IP address.

 

[Ring]

Just been a court case about a motorhome that someone bought but seller refused to part with it so it went to court and according to the judge ebay= no contract

 

[Eric The Viking]

Just been a court case about a motorhome that someone bought but seller refused to part with it so it went to court and according to the judge ebay= no contract

Sadly, eBay and similar operations are NOT auction houses within the usual meaning in UK law. At least, that was the situation in eBay's early days over here, as there were several cases establishing this (I think Rafzetter is involved in the law and thus has better knowledge than me so i'm happy to be proven wrong).

One of the issues is that the contracts aren't the same as a normal auction: in the 'real' world, the auctioneer acts as the seller's agent (primarily), and a contract exists at the fall of the hammer: offer (the bid), acceptance (the hammer), and consideration (goods and money changing hands).

Ebay does not act in this way - both seller and buyer have contracts with the company, but there is no contract directly between the two of them. I'd be surprised if it could be successfully argued in court that eBay acts as an auctioneer, as it is not acting solely in the buyer's interest, being bound (albeit differently) to both parties. If it does anything, it's some sort of escrow.

It's even more complex because eBay operates in many different jurisdictions and allows cross-border purchases. The 'auction rules' - that the fall of the hammer is a binding contract - are specific to English law* (and inherited by the USA, I believe). There are other places where this doesn't apply, and there has been at least one big case recently (IIRC, about a very expensive Chinese vase), where the buyer backed out and suggested they weren't covered by English law. Can't remember what happened in that case, but the seller was trying to force the sale to complete.

The point being that, even if our law changed by statute to classify eBay and similar as auction houses, it's highly unlikely this could be applied globally. Ebay themselves have no incentive to do it anyway.

E.

*I think even Scottish law is different to an extent in this area. They have had timed auctions on property, for example, for centuries (pins stuck in candles, etc.). Aggain, happy to be corrected.

 

[bugbear]

Just been a court case about a motorhome that someone bought but seller refused to part with it so it went to court and according to the judge ebay= no contract

That's interesting. Got a link?

BugBear

 

[Graham Orm]

Just been a court case about a motorhome that someone bought but seller refused to part with it so it went to court and according to the judge ebay= no contract

That's interesting. Got a link?

BugBear

http://www.thisismoney.co.uk/money/expe ... onned.html

 

[bugbear]

Just been a court case about a motorhome that someone bought but seller refused to part with it so it went to court and according to the judge ebay= no contract

That's interesting. Got a link?

BugBear

http://www.thisismoney.co.uk/money/expe ... onned.html

Yes, googling found me a few disputed purchases and scams, but I couldn't find the court case "Ring" was referring to, with its interesting ruling.

BugBear

 

[Graham Orm]

I couldn't find that one either Stew.

 

[RobinBHM]

In the case of the motorhome, the payment was done directly through a bank account not through paypal, so it would seem to me in that case ebay is acting as not much more than an advertiser a bit like autotrader.

the only safe way to buy a vehicle privately is to pay cash on collection so there is a swap at the same time. That wont stop you ending up with a clocked, cut 'n' shut mind you!

 

[Ring]

I actually got this from sad i know the motorhome page on facebook


https://www.facebook.com/groups/6120855 ... k%20buster


Now, the MH you see here isn't a scam. But it's worth telling this little story.

A friend of mine won an item on eBay a few months ago and the seller refused to sell it to him, because the price wasn't as much as the seller had wanted. It had been a no-reserve auction.

My friend took the seller to court. And lost. This was just a few days ago.

The judge, in her summary, compared the scenario to a shop, in which the shop owner can choose to sell to a customer or not.

So when you see a motorhome like this one here - on a no-reserve auction on eBay - at first it seems quite exciting because on the face of it you might win the auction at well below the asking price of £23,950. But if the seller puts up a fight - and who knows, he might - be warned. In law, it seems, eBay's auctions are not actually auctions at all.

And that potentially has pretty profound implications for eBay if this court-case were to be covered in the national press.

http://www.ebay.co.uk/itm/201309477543
this is the van back up for sale due to ruling

 

[caretaker]

I sold a bran new toaster for £8.50 starting prise with free post, it went for £8.50 and the post was over £11.
That's life in the fast lane.

 

[RogerP]

I sold a bran new toaster for £8.50 starting prise with free post, it went for £8.50 and the post was over £11.
That's life in the fast lane.

Sorry to hear that but I think you need to check which carriers to use. Should have cost no more than about £5.

https://www.parcel2go.com/

 

[JohnPW]

I think I've had the same thing where the very nice old book that I'd "won" for the opening bid had somehow been damaged by a sudden flood and could not be sold... I don't think there is anything you can do about it but shrug and move on.

I've just bought a book from one of those Ebay booksellers with a huge turnover (62,000 feedbacks in the last month alone).

It was a Buy it Now at what seems to be the going rate for a common book; £3 inc P&P. However the book is an out of print obscure woodwork tool book that has been superseded by 2 newer editions, and £3 is a good price for it!

The book's been mysteriously damaged in the post to such an extent that it's "unreadable", and the “postal system” has return it to the seller, who has then sent it to be "recycled", all within a few days.

Yeah right...

I'll get a refund of course but the seller will get a neg feedback！