I bought a record on eBay with a 'Buy it now' option. Seller is now saying that it shouldn't have been a 'Buy it now' item and has refunded my payment and wants me to cancel the sale

It is virtually impossible to list an item with a 'Buy it now' option by mistake, as it is a seperate box you have to tick when listing, and then have to name your 'Buy it now' price.
Any advice please?

Edited March 29, 201411 yr by Northern Soul UK

The thing is that there is nothing you can do to make him post the record. Just leave bad feedback for him.

Has one on here where seller listed a record rang them and it was available then when I wanted to pay the amount they listed for they said it was a mistake and would not sell it

I`m no great expert but the seller has put the record up as a Buy It Now option, you`ve accepted the offer and paid him so therefore a contract has been made.  He now wants to break that contract by retracting the offer and acceptance so I`m guessing you need to open a case under the Resolution Centre??  Others will know better than me as to how that works.

No matter what you do ebay can not get someone to post a record if they dont want to . You can put in a complaint to let ebay know but thats it

I`m no great expert but the seller has put the record up as a Buy It Now option, you`ve accepted the offer and paid him so therefore a contract has been made.  He now wants to break that contract by retracting the offer and acceptance so I`m guessing you need to open a case under the Resolution Centre??  Others will know better than me as to how that works.

 

I don't want to screw things here but when I studied Law of Contract MANY years ago we were told that the offer was the purchasers offer to buy and if the seller didn't accept to sell then there was no contract. I remember it in the context of goods being wrongly priced. i.e. if an item was accidentally priced too low you couldn't force the seller to sell it at that price because he hadn't accepted your offer to buy it at that price.

 

They've probably rewritten the Legal text books many times since then so I don't know if that still applies. But that's what we were told way back when . . . . . . .

Edited March 29, 201411 yr by MBarrett

When its a buy it now the distance selling regulations come into effect which means that a buyer is free to decide they don't want the goods for whatever reason within the cooling off period and return them for a full refund.  IMO its only fair that a seller has the same opportunity.

Report the twat to eBay and stick his name up here.

 

Innit.

 

Peter

 

thecivilservice, on 29 Mar 2014 - 6:02 PM, said:thecivilservice, on 29 Mar 2014 - 6:02 PM, said:

When its a buy it now the distance selling regulations come into effect which means that a buyer is free to decide they don't want the goods for whatever reason within the cooling off period and return them for a full refund.  IMO its only fair that a seller has the same opportunity.

Nah, don't agree with that. If a seller agrees to sell at a certain price and then changes their mind - usually cos they think they can get more money then it's not on. It's just not cricket.

 

Peter

Edited March 29, 201411 yr by Peter99

Accidents happen, maybe the seller was using templates he'd made before and used the wrong one by mistake.

 

Nothing you can do about it though, why not just let it go?

Accidents happen, maybe the seller was using templates he'd made before and used the wrong one by mistake.

 

Nothing you can do about it though, why not just let it go?

 

ive done that before and put a $60 tune up for $250 due to a template error (on my part) and someone bought it. 

 

maybe the guy was putting up quite a few tunes on ebay. its a soul destroying process so your right, John, errors can happen. if you do it regularly i could see how you might have a drink or two whilst doing it just to remain sane. putting 30 up is enough  to make one contemplate suicide. 

 

all said and done you cant do anything about it. if he doesnt want you to post the tune theres nothing you can do to make him. quoting law etc is just a waste of time as is reporting them to ebay. 

Situation so far.
I have rang eBay and they say that the seller is in the wrong for listing it at the price I bought it at as a 'Buy it now'. If they wanted more for it then they should have listed it for a higher price, and that they should go through with the sale and put it down to a learning experience. I have been through all of the sellers other listings and none of them are an auction with a 'buy it now' price of $9.99, so it's unlikely that they were using an existing template. eBay said that they wished that more people would ring them and let them know of incidents such as this, as there are so many transactions on ebay (millions) that although some cases are reported on the eBay site, most of them are dealt with through an automatic system, so when they are informed of a case such as this by telephone, they will keep an eye on it and take further action where needed.
Their advise was to not accept a 'cancel Transaction request', and write to the seller saying that you have contacted eBay and they have given you advise, and that they as good sellers should go through with the transaction. If not I am within my rights to leave them negative feedback and explain in the feedback what has happened to warn other buyers what has happened.
OK I know how this is gonna end, I won't get the record, and I'll leave them negative feedback. But you may understand why I am a little peeved about this when I tell you that the record I purchased for $9.99, was 'Darrell Banks - Angel baby on US Atco  . I have had many many purchases like this where i have bought records at a fraction of the worth on ebay, but in 11 years i have never had a seller go back on a deal, and neither have I, if I have mistakingly listed a record at the wrong price, or it sells for less than I'd hoped, I have never wrote to the buyer saying "i can't sell it to you cos it didn't fetch enough", there are safeguards on ebay to avoid this such as reserve prices or starting an aution with a price that is acceptable you you.

Anyhoo! I have written again to the seller, so I'll keep you in the loop as to what happens.
Oh!! and it's girl not a guy.

Edited March 29, 201411 yr by Northern Soul UK

PROBABLY SHOULD HAVE BEEN $99 EASY MISTAKE IN THE SCHEME OF THINGS

 

I HAVE USED HER IN THE PAST NO PROBLEMS 

 

100% FEEDBACK SO I'M SURE YOU WILL GET SOMETHING SORTED

 

JAW JAW BETTER THAN WAR WAR

KEV

Update:
After contacting ebay by phone and then informing the seller of my intended actions advised by eBay, the seller has agreed to go through with the sale.

Now to wait and see if it comes.

Edited March 29, 201411 yr by Northern Soul UK

Update:

After contacting ebay by phone and then informing the seller of my intended actions advised by eBay, the seller has agreed to go through with the sale.

Now to wait and see if it comes.

SOUNDS GOOD NEWS A LOT OF THE AMERICAN SELLERS WOULD HATE TO LOSE THEIR 100 % FEEDBACK

LET US ALL KNOW THE OUTCOME

 

ATB

KEV

SOUNDS GOOD NEWS A LOT OF THE AMERICAN SELLERS WOULD HATE TO LOSE THEIR 100 % FEEDBACK

LET US ALL KNOW THE OUTCOME

 

ATB

KEV

Thanks Kev, will do!

...

Edited March 30, 201411 yr by john s

 HI ALL.....  Sometimes the mistake can happen, normally it's the big sellers who list 500 plus and get someone to do the shop list, it happened to me 2 weeks ago from a trusted seller record was listed but lost in stock, I took a refund as it was only for £12,,

or you could pose the question to her if she refuses the refund, ask her DYF if she say's no tell her to f off  she might say yep!  DAVE K

Edited April 2, 201411 yr by dthedrug

you could pose the question to her & ask if she f***s if she say's no tell her to f off  she might say yep!  DAVE K

 

 

 Excuse me but... what on earth are you talking about???

Well as a follow up to the original post, I got the record through this  morning and all is as described.
Rough looking as said but plays through with no skips. Well worth the £6 paid and a bit more besides.
I have left the seller +feedback as has she for me, so all well and good.
The moral to this story is, don't just sit and let things like this happen, stand up and fight.

Well as a follow up to the original post, I got the record through this  morning and all is as described.

Rough looking as said but plays through with no skips. Well worth the £6 paid and a bit more besides.

I have left the seller +feedback as has she for me, so all well and good.

The moral to this story is, don't just sit and let things like this happen, stand up and fight.

darrell banks.JPG

 

You were robbed 

I`m no great expert but the seller has put the record up as a Buy It Now option, you`ve accepted the offer and paid him so therefore a contract has been made.  He now wants to break that contract by retracting the offer and acceptance so I`m guessing you need to open a case under the Resolution Centre??  Others will know better than me as to how that works.

yep, that is the way to go raise a dispute via the Ebay resolution centre, I had a similar thing and the seller eventually gave in under Ebay pressure, but it did take nearly a month.

There is no guarantee that you will get the record though,,,,,,,,,,,,,,,,,,,,,,,