Got shafted on eBay - transaction cancelled

[voodoo_idol]

Originally Posted by Mike Eskimo

1.) The seller was disappointed w/ the price (or he sold it elsewhere and didn't yank the Ebay listing).

2.) Of course he didn't break it.


Those are both givens.


Also a given is the buyer officially agreeing to the request by the seller cancel the transaction - which was his choice.

By making that free-will choice he walks away and it's like it never happened.

Except he didn't.

Mike, I don't think the buyer has much of a choice but to cancel. That's how I felt in my aforementioned similar situation. To me that's why the neg rating is deserved, because the seller put the buyer in a no-win situation.

[Mike Eskimo]

First of all - I don't wait for a seller to invoice me - I PayPal right after the auction ends.

In that email I say "Please email me the tracking tomorrow when you ship it."

Push the entire time.

Then there'll be a lag where Mr 20 (the seller) figures out what to do.

The next day or the day after he'll contact you and say he damaged it packing it up.

My response ? Take a picture of the damage w/ a printed copy of the Ebay listing right next to it.

Tell him if that's not produced in a couple hours it'll be in Dispute Resolution then.

Push.

The whole time.

Then - like I said, he either still has it or he sold it previously via CL or some other means.

That's when you get him tossed off Ebay...

[nvilletele]

This thread probably should have ended a few pages back, but in catching up since my last read, it occurred to me that there are many people who are saying that since the OP didnt lose any money, that all is fair and square and he should not leave negative feedback or pursue any other remedy.

As a practical matter, in this case, I would agree that the OP should not make (and doesnt appear to be making) a big case of of this.

But in terms of abstract right and wrong, the OP is 100% correct (assuming, for the sake of discussion, that the seller was lying to avoid a low selling price).

Once the bid was made and won the auction, there is a contract made (it seems all understand this). But when the seller pulled out, without legitimate reason, the buyer then was deprived of the "BENEFIT OF HIS BARGAIN". At that point, the buyer was legally entitled to buy the item at the price bid. Though he did not pay and lose any money, he did lose (and was directly deprived by the seller of, the benefit of his bargain.

If the buyer bid and then said his money was lost in a fire, he would still have to pay, if the seller insisted. Same should apply in the reverse case, the seller should have to sell or make the buyer whole. Though the buyer lost no money, he did lose the right to purchase a nice item at a nice price . . . so if he goes out and buys the same item elsewhere at a higher price, the seller should pay the buyer the difference in price.

When the seller pulls out, the buyer loses the benefit of the deal that was struck. The buyer suffers legally recoverable damages in this case even though he made no payment.

Again, as a practical matter, the OP should just move on and find another one he likes. But in principle, he is right.

(yes, I am a lawyer).

[gpasq]

Originally Posted by nvilletele

But when the seller pulled out, without legitimate reason,

(yes, I am a lawyer).

I may have missed this (probably did), but where did we learn that the seller had no legitimate reason for REQUESTING the cancellation? I know the OP started to think "something was up" but that's all I ever heard.

Buyer was a noob. Didn't know about cancellation. Agreed to it anyway. Seller may or may not have been legitimate. We don't know, as far as I'm aware.

So from what I can tell, buyer posted negative feedback based on a supposition of wrongdoing.

[dconeill]

Originally Posted by logan2z

Here's my logic:

If the seller is telling the truth and cared about his eBay rating, he could send me an email with some pictures of the damaged guitar. The minute I received that email I'd retract my feedback. Without that I'm calling BS and think my feedback is justified. I'm happy to hear where my argument is flawed.

Mostly it sounds like you're being petty and snarky.

If the seller told the truth, you called him a liar in a public forum. Why in the world would he want anything to do with you now, or think that you deserved any consideration at all? You've already slammed him, why would he go to any effort at all to do anything for you? If I were the seller, given what you've already done, I'd feel that you've already shown your true nature and that no effort I made would ever satisfy you; therefore, whatever the seller did for you would be all cost and no gain, and what's the point of that?

If the seller was lying, you weren't out any money and you didn't lose anything. It's difficult to see how you've been wronged.

Let it go.

[jwsamuel]

Did this happen to be the guitar you bid on?

Epiphone Sheraton with Classic 57s

I am asking because I had the only bid on this one at $400 with less than a day to go on it. I just got a message that the listing had been cancelled because the item is no longer available.

I am wondering if this is the same guitar or if there is just something bizarre about sellers who list Epiphone Sheratons with Classic 57 pickups.

Jim

[jwsamuel]

Originally Posted by dconeill

If the seller was lying, you weren't out any money and you didn't lose anything. It's difficult to see how you've been wronged.

Let it go.

The OP was wronged because the winning bid on eBay is a contract and the seller does not live up to his side of the contract.

I wonder how many people here who believe the OP was not wronged would feel the same if the situation was reversed.....if the OP overbid for an item and then did not pay because he had bid too much.

Jim

[mattdean4130]

Get over yourselves! Where do you people get such a sense of entitlement??

So you didn't get the guitar, big f*****g deal.

Do you people realise there are people in this world that would kill just to be able to play a guitar, let alone own their own??????

[13ontheB]

The OP should have left NEUTRAL feedback,the option is there.

[jwsamuel]

Originally Posted by mattdean4130

Get over yourselves! Where do you people get such a sense of entitlement??

Why do you consider it a sense of entitlement to expect that when you enter into a contract with someone, both parties live up to the contract?

Jim

[adifferentbreed]

Is the TDPRI turning into Harmony Central? Just curious because it seems we have alot more internet tough guys and flat out rude people lately. As to the OP, in my opinion, he got ripped off. Those of you resorting to name calling and insults, to support the seller, have proven it, just by your lack of ability to respond in a civilized manner.

[mattdean4130]

Originally Posted by jwsamuel

Why do you consider it a sense of entitlement to expect that when you enter into a contract with someone, both parties live up to the contract?

Jim

The way I see it, personally.
So the OP didn't get the guitar, life goes on...

I don't understand why people here are getting so up in arms about it (both parties)

I mean, is it really that big of a deal in the grand scheme of things? Is your life THAT perfect and sheltered that you don't have more pressing issues to focus your energy on??? Than a sale that didn't go through on ebay?

I mean, really???

[Chud]

Originally Posted by adifferentbreed

Is the TDPRI turning into Harmony Central? Just curious because it seems we have alot more internet tough guys and flat out rude people lately. As to the OP, in my opinion, he got ripped off. Those of you resorting to name calling and insults, to support the seller, have proven it, just by your lack of ability to respond in a civilized manner.

To be fair, there are a lot of folks name calling the seller as well... We know the OP's side of the story, we will never know the seller's. Everything being said about the seller whether rude, supportive, logical, illogical is all speculation and conjecture. Not one of us including the OP will ever know for a 100% fact that the seller acted dishonestly, but that doesn't really seem to matter here apparently. Maybe the TDPRI is turning into Harmony Central, and maybe the mods should shut this pointless and inflammatory thread down.

[cap217]

Originally Posted by mattdean4130

The way I see it, personally.
So the OP didn't get the guitar, life goes on...

I don't understand why people here are getting so up in arms about it (both parties)

I mean, is it really that big of a deal in the grand scheme of things? Is your life THAT perfect and sheltered that you don't have more pressing issues to focus your energy on??? Than a sale that didn't go through on ebay?

I mean, really???

It isnt a big deal at all and I dont think OP is claiming that it is. He didnt lose anything. But when someone bids on an item and wins it, they expect to get it.

Are you saying that if the buyer won the auction then backed out and made up some story, that would be ok?

There are feedbacks and rules in place and they should be followed. In the end does it matter? Maybe, the OP could have maybe bid on another one. Or he really wanted this one bc of the 57 classics. So its not as easy as just saying "oh well".

[jwsamuel]

Originally Posted by mattdean4130

The way I see it, personally.
So the OP didn't get the guitar, life goes on...

I don't understand why people here are getting so up in arms about it (both parties)

I mean, is it really that big of a deal in the grand scheme of things? Is your life THAT perfect and sheltered that you don't have more pressing issues to focus your energy on??? Than a sale that didn't go through on ebay?

I mean, really???

You did not answer my question.

You're the one who got on here and told the OP he had a sense of entitlement. I asked you why you would say that.

As for my interest in it, I sell a lot on eBay. Every time I see something happen like this, I see people say they are going to avoid eBay. When sellers do things like this, it affects everyone who sells on eBay because it drives away buyers.

As I said in another message in this thread, I just had a seller cancel a listing on me too..curiously, also for an Epiphone Sheraton with Classic 57 pickups.

Jim

[Tom Cook]

I had the same thing happen , same excuse even , but there was a pay pal mess up that I had to get through and he e-mailed me and said that he was not sure he wanted to sell it and if I wanted out no harm no fowl . I told him I wanted the guitar and that the money just cleared . The next day he gave me the I damaged the guitar when packing it and would like to cancel the sale . This was after he told he he had it packed and ready to go while waiting for the money to clear , a bunch of BS but I agreed and the next day purchased another guitar of the same style and year . No negitive feed back reported and I'm very happy with the new axe . I thank him for his lack of honesty and my new guitar . It's e-bay things happen .

[mattdean4130]

Originally Posted by jwsamuel

You did not answer my question.

You're the one who got on here and told the OP he had a sense of entitlement. I asked you why you would say that.

Jim

I was more speaking about the general attitudes conveyed in this thread with that statement, not so much directly speaking about the OP.

But obviously you're baiting an answer here, so here goes.

He obviously feels he was entitled enough to leave a negative feedback, he obviously feels he was entitled to the guitar. He obviously feels he was entitled enough to it to make a TDPRI post about it, saying he was "shafted."
It wasn't his guitar until money was exchanged. He does not own the item until money is exchanged.

Thus, i feel his feeling so entitled to the sale, and/or negative feedback is a little excessive in this case.

All i was trying to point out in this thread, is none of us know the sellers situation (he may have legitimately dropped the guitar) and regardless of the sellers situation, isn't there bigger things to worry about than missing a guitar on eBay that he didn't even pay for???

But why the hell should i care enough to post? Asking myself this right now... I'm taking my own advice, and worrying about ****** that matters.

[ac15]

Originally Posted by mattdean4130

I mean, is it really that big of a deal in the grand scheme of things? Is your life THAT perfect and sheltered that you don't have more pressing issues to focus your energy on??? Than a sale that didn't go through on ebay?

I mean, really???

You mean more pressing issues like pickups, amps or John Mayer?

[mattdean4130]

Originally Posted by ac15

You mean more pressing issues like pickups, amps or John Mayer?

Bono, even.

[caferacer]

if the buyer is not out anything, as been claimed
then the same is true of the seller
he is not out anything, there is no surcharge or fine attached to the negative feedback he received, he is not required to pay anyone anything
no it is the buyer who was harmed, it is the buyer who is out a new guitar,
does anyone on here think NOT getting a new guitar doesn't suck ?