BigTartanJudge 0 Posted October 11, 2005 Pretty annoyed at moment, used the buy-it-now option on a set of wheels for sale on ebay and won the item without auction ending and got email to state I was the winner etc but then I got an email from the seller stating sorry but the wheels had already been sold. I'm sure that if the item was still listed and active then legally I am still entitled to purchase the wheels ?? Anyone else have an opinion or experineced same / similar ?? Cheers Quote Share this post Link to post Share on other sites
dinkus 10 Posted October 11, 2005 Technically, an ebay auction is a legally binding contract to supply and/or buy the goods, but if you haven't actually handed any money over for the wheels, then ebay are unlikely to do anything really. Quote Share this post Link to post Share on other sites
Phil K 0 Posted October 11, 2005 Contact ebay? Quote Share this post Link to post Share on other sites
VR6 0 Posted October 11, 2005 If he's already sold it, then he's already sold it I guess. You can't make him unsell them and under contract law, as you've suffered no loss, you have no right to any form compensation etc. I don't think any Ebay sale 'contract' has ever been enforced either so I think all that 'legally binding contract' stuff is not worth the paper it's not written on. Sorry :( Quote Share this post Link to post Share on other sites
stevemac 0 Posted October 11, 2005 Speak to citizens advice & ebay too. Ebay will & do ban people who operate like this. If you want your money back - go & see the guy (along with a couple of mates), he may be "persuaded" to hand the cash back. Quote Share this post Link to post Share on other sites
VR6 0 Posted October 11, 2005 I don't think he's paid Steve, which is why he has no choice. Quote Share this post Link to post Share on other sites
stevemac 0 Posted October 11, 2005 I don't think he's paid Steve, which is why he has no choice. Struan - if you haven't lost any money, what's the problem ? Quote Share this post Link to post Share on other sites
dazzyvr6 0 Posted October 11, 2005 the problem is he won the auction but the seller decided he sold the wheels elsewhere..all you can do really is get in touch with ebay and leave some nasty feedback Quote Share this post Link to post Share on other sites
BigTartanJudge 0 Posted October 11, 2005 Correct dazzyvr6. The bottom line is that if you have stuff advertised on ebay and someone buys it then you, the seller, decide to sell it elsewhere (maybe even before the person purchased the item), then you are obliged to remove it from being an active listing., to avoid other people potentially buying an itme that isn't available for sale. At the very least you should have a legal disclaimer on the listing saying e.g. "item advertised elsewhere, so I reserve the right to end listing early". The seller still hasn't removed the listing, it's still up and active, and to top it all off he is advertising 3 sets of the items, when he actually only has one set. Think I am entitled to be a little annoyed.... Cheers Quote Share this post Link to post Share on other sites
BigTartanJudge 0 Posted October 11, 2005 And the bloody advert is STILL up as active on ebay even tho the items sold this morning !! :mad: :roll: Quote Share this post Link to post Share on other sites
BigTartanJudge 0 Posted October 11, 2005 From ebay: Offers to Buy or Sell Outside eBay eBay prohibits email offers to buy or sell listed items outside the eBay web site. Offers of this nature circumvent eBay's fee structure and are a potential fraud risk for both buyers and sellers. Some examples of outside such offers include: * Using information obtained through eBay to offer to buy or sell a listed item outside of eBay. * Cancelling a listing to sell to a buyer who became aware of the item through eBay. * Ending a listing early to sell the item at a higher price to the winning bidder. * Offering to sell an item to a bidder in a Reserve Not Met listing. * Offering to sell duplicate or additional merchandise to underbidders. Even though the seller claims to have ended the listing, he obviously hasn't as it is still active Really annoys me this mularky... Quote Share this post Link to post Share on other sites
bristolbaron 10 Posted October 11, 2005 yup, i won an auction for a G40 @ £500. The seller then said it was already sold. Basically didnt want to sell it for the money IMO. Reported to Ebay, but nothing was done. Quote Share this post Link to post Share on other sites
Walesy 0 Posted October 11, 2005 yup, i won an auction for a G40 @ £500. The seller then said it was already sold. Basically didnt want to sell it for the money IMO. LOL> .i do'nt really blame him really Baz.. :D Quote Share this post Link to post Share on other sites
bristolbaron 10 Posted October 11, 2005 yup, i won an auction for a G40 @ £500. The seller then said it was already sold. Basically didnt want to sell it for the money IMO. LOL> .i do'nt really blame him really Baz.. :D Nor do I, but still.. :mad: :lol: Quote Share this post Link to post Share on other sites
bigpants baby 0 Posted October 23, 2005 i won a mk3 golf on ebay & on contacting the owner he decided that he wasnt going to sell the car after all,on contacting ebay they basically said he didnt have to sell it,that "he couldnt be made to sell it" Quote Share this post Link to post Share on other sites