Posts Tagged ‘non selling seller’

Dear eBay Queen:

If I list an item on eBay, NOT using a reserve, and the final winning bid is substantially lower than the real value of the item; is there any legal action that can be taken against me by the winner for not honoring the winning bid?  If the bidder sends me the money, and I  just refund the money back to the winning bidder, is there anything they can do?  I’m pretty sure the winner of the auction is going to be from a different state than I am, if that makes any difference.   I’m not concerned about feedback or ratings, or my eBay account, just the legal actions.

Thanks;

Don

Dear Don:

Your question really got under my skin.  I wasn’t sure how to answer your note without showing that I am a little angry at your blantent disregard for the buyer.  To me, it seems like you are trying to pull something off that is dishonest.  I wonder why you would not just use a reserve, or start the item at what you really wanted to get out of it.

To answer your question; No, for the most part nothing will happen to you.  Could the buyer take you to court for not honoring your contract?  Yes. Have buyers ever done that? Yes, but it’s pretty rare.  That being said, I don’t understand why you would want to do something like this in the first place.  It seems so dishonest. You say you are not concerned about feedback ratings or your eBay account, then why are you using eBay?  Why not just sell it outright on CraigsList?

My advice to you is to start this auction at the price you want, or use a reserve.  eBay should not be used in the way you are wanting to use it.Buyers are there to bid and receive their items. If you do something like this you not only are hurting your personal integrity but also making eBay look like a place for scammers.  I realize you intend to give the money back to the buyer if it does not reach the price you want.  I’m sure it doesn’t seem like stealing to you, but to many people (and your buyer), that is stealing. I can not condone this type of dishonesty.

I hope you will re-think your plan.

Dear eBay Queen:

My wife and I have been eBay sellers and customers for about 5 years now. At first, this was a great experience.  Back then we had lots of buyers and lots of very interesting and unusual stuff to look at and buy.  We lost our mojo when it comes to selling on eBay a couple of years ago.  All the rules, selling standards etc. made us crazy.

We would like to start selling again, but after doing a little research, I’m not sure our stuff would even SELL now! One example, is a Strawberry Shortcake Doll (new in the box) I listed five years ago for $9.99.  It ended for $149.99 and had over 300 visitors, a real bidding war towards the end!  I have the same item now, I listed for the same price – just over 50 visitors, two bidders,  sold for $42.50 – what a disappointment.  Should I just quit?

J&J, Overland Park, KS

Dear J&J:

If you enjoy selling on eBay, don’t quit!  There have been a lot of things that have changed eBay for the average seller.  The rules and standards are just part of the problem, the other is the economy.   I have found that eBay sales are not as good in the summer as they are in the fall and winter. That doesn’t mean that you shouldn’t sell in the summer, because stuff certainly does sell.  I have found that the more I pick and choose when I list certain items, the better off my sales are.  I have some friends that use Terapeak (http://www.terapeak.com ) to do research on when items sell best.  Terapeak is a (mostly) free service.

I hope that you find your mojo, and are back selling on eBay soon.

Strange eBay item of the week: eBay item 17017385685 (enter this number in the eBay search box in the top right corner of the home page): It’s been a little over a year since Michael Jackson’s death.  His stuff is still selling! Michael Jackson SIGNED Black Billy Jean Fedora Hat SOLD $2250.00 http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=170517385685

Suzie Eads is a nationally known eBay marketer and eBay trained Education Specialist. She lives in Rantoul. Do you have a question for the eBay Queen? E-mail: questions@asktheebayqueen.com.

Dear eBay Queen:

I purchased a large antique piece of furniture. It has been 11 days and the seller has refused to return my calls or emails. Before the end of the auction the seller agreed that I could pick the item up on the next weekend and pay cash.

I would like to see in writing the binding contract that I could use in small claims court in an attempt to purchase and take possession of the item which I won on eBay.

I know it may be a hassle, but I won and would like to complete the transaction even though the seller has not returned any contacts.

Guy in Garnett

Dear Guy;

This seller would be classified as a "Non Selling Seller ."  It is against eBay rules to do this to a buyer. You say that he agreed to you paying him in cash, and picking the furniture up on the weekend.   Did he say this via the phone or email? If you have his agreement in writing (email) stating that the seller agreed to you picking up the item, then I would think that would be all you need for proof.  This being said, I don’t know how you can force someone to sell something to you. If you take him to small claims court, it will have to be in his county, and there could be some extra cost to you in travel.  Is this worth it to you?

If this were my transaction, I would email him, and ask him to let you know when you can pick up the item.  Give him 3 days to respond.  If he does not, I would proceed through eBay’s Non Selling Seller process. More information on it here: http://pages.ebay.com/help/policies/seller-non-performance.html  To start this process go here: http://contact.ebay.com/ws/eBayISAPI.dll?ContactUsNextGen

Another way to look at this is, your seller could have had a family emergency.  If he won’t answer his phone or email, you can check to see if he has listed any new items or left feedback for anyone during the last 11 days you have waited. 

Good luck with this let me know how it turns out.

Dear eBay Queen;

I lost my job a couple of months ago, and my wife suggested I sell a few things on eBay.  I’ve been doing that, and have been pretty successful.  We even have 125 feedback!

We recently sold a 1972 Terry Camper on eBay.  When we listed the item, we put on the ad that it had damages and needed to be fixed up.  The buyer is now threatening to sue me for more than she paid for the camper!  She did not complain when she picked the camper up!  She says she is suing us for because we intentionally lied to her about the condition. She sends us at least 6 emails a day threatening to sue us if we don’t pay her 400.00 dollars back. She wants me to drive to her home which is over 425 miles away, to pick the up the camper!

My kids and wife are worried sick over this. We don’t have anything as it is.  What can we do about this?  Can she really sue me?  What would you do?

Worried Seller

Dear Worried;

Congratulations on your success on eBay.  This transaction is really strange, and your buyer sounds like she might have a screw loose. Did you take photos of the damage?  Didn’t the buyer pick up the camper, and inspect it before paying for it?

If this were my transaction I would contact an attorney or small claims court in your area.  Let them know the story, and see what they advise you to do.  I would contact the buyer and let them know you would be happy to refund their money if the camper was returned.  If she does not respond to that offer favorably, I would not answer her emails any longer.  At this point you will have offered a refund in good faith and there is nothing more you are obligated to do.

Don’t let this one buyer deter you from selling.  I don’t have much experience when it comes to small claims court, I did contact Franklin County’s Court and they said this claim she has would have to be filed here.  That may deter her from actually filing a claim against you.  Keep your chin up and keep selling on eBay. 

Strange eBay item of the week: eBay item 170329328232 (enter this number in the eBay search box in the top right corner of the home page). What do you take your lunch in?  Check out this Davy Crockett Drawstring Vinyl Lunch Box 1950’s Sold $910.00 http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=170329328232  

Suzie Eads is a nationally known eBay marketer and eBay trained Education Specialist. She lives in Rantoul. Do you have a question for the eBay Queen? E-mail: questions@asktheebayqueen.com.