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Seller Refuses To Honor BIN Price/Auction

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  • JackWESQJackWESQ Posts: 2,133 ✭✭✭
    Stone193,
    I definitely recall that story. If I recall correctly the price said, "1600" and the woman couldn't believe a card
    could sell for that high. I believe the judge ordered the card sold and the profits split.
    The seller finally refunded my payment. I have more thoughts to share. However that will come later after I
    get some work done here at the office.

    /s/ JackWESQ

    P.S. But for now, how should I handle the feedback situation? Neg him and surely receive retaliatory feedback?
    I can't imagine anyone here on the board thinks he deserves positive feedback...do you?
    image
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭


    << <i>Stone193,
    I definitely recall that story. If I recall correctly the price said, "1600" and the woman couldn't believe a card
    could sell for that high. I believe the judge ordered the card sold and the profits split.
    The seller finally refunded my payment. I have more thoughts to share. However that will come later after I
    get some work done here at the office.

    /s/ JackWESQ

    P.S. But for now, how should I handle the feedback situation? Neg him and surely receive retaliatory feedback?
    I can't imagine anyone here on the board thinks he deserves positive feedback...do you? >>


    Jack

    This is gonna sound trite...

    Life is short - I would forget the whole thing and pop a cold long neck Bud!

    mike
    Mike
  • Wizard:
    One of the reasons I generally start all my auctions with a fixed buy it now price but provide a best offer option is for buyers like you.....who obviously have a buyer only id and have nothing to lose if they get pissed off. With this said, you're a great example to why I'm not a people person and whay I have bought all the land around my house as possible so I won't have to deal with neighbors (I don't want to take a chance of some idiot attempting to take advantage of every little mistake I make).

    The bottom line is some people will try to take advantage of the mistake(s) others make. However, the person who made the mistake should fight to the end!
    Rich
  • P.S. But for now, how should I handle the feedback situation? Neg him and surely receive retaliatory feedback?

    I would neg him, with something like "Seller refused to honor BIN price wanted X.XX instead"

    Respond to his neg he leaves you with the same thing. Chances are he will attempt toget a mutual feedback withdraw. I would refuse to do this.

    Then I would file a Non-Selling Seller complaint with Ebay and let them handle it from there. You will need a copy of the email where he said he will not sell the card with full headers to report him

    Non selling seller policy

    Report it here..
  • who obviously have a buyer only id and have nothing to lose

    I am a powerseller on Ebay as well.. When I list something and make a mistake I honor it. I have sold items that costs 20.00 to ship with a S/H of 2.00 and total price of less than 10.00. I have sold 20 and 30 dollar cards for one penny before. I sold a crd once that I accidently put a BIN of 4.00 instead of 40.00. I honored it. If you sell and you make mistakes in your listing you need to do the right thing.

    There is no way I would sit back and let the seller get away with it though wihout filing everything I could. Might even try Fee Circumvention since he is only listing it for X.XX then trying to sell it possibly off Ebay for X.XX. If you let him get away with it he may continue to do this to other buyers. Much like sellers who allow buyers to dictate their TOS once a seller allows it to happen it keeps happening.

    Why is it my earlier question was never answered??

    If you sold an item and the buyer comes back and says I changed my mind would you as a seller let him off??
  • storm888storm888 Posts: 11,701 ✭✭✭
    To neg, or not to neg?

    I am sure that my view is in the minority here, but I would
    leave no fb at all.

    If the seller leaves a neg, I might either respond with a
    neutral or a negative, and some of these words:

    "Seller Refused To Complete Sale. I filed eBay Complaint. Slow Refund. Beware!"

    By leaving a neutral with harsh words, you retain the "calm victim status,"
    and still get your message out there.

    I really cannot imagine that the seller will neg the buyer in this deal.
    If he does, we will all have a better glimpse of his character; making
    the "mistake" can be forgiven, placing blame on the buyer for the
    "mistake" cannot.

    storm
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • Wizzard:
    I'm looking at it as if I'm the buyer and the seller obviously makes a mistake, I'm going to let him/her of the hook. With this said, I expect the same type of treatment from a buyer if I'm the seller. I use to sell all my stuff auction style on ebay, but after reading/hearing about how many sellers have seperate buyer id's, this made me change my strategy and list items with fixed buy it now/pay for it now prices. I generally start my buy it now/pay for it now auctions at a higher than average price, but also provide a best offer option. This way, I have a say in who wins my auction. If I get an offer from an ebay member who only has feedback as a buyer and has a negative/neutral comment, I'm going to think twice before I will accept their offer.
    Rich
  • What is your selling ID so I can add you to my do not buy from list??

    Still avoided my original question... I think that tells the answer right there and shows that you feel that what is good for the seller is not always good for the buyer. It works both ways.
  • Life is short - I would forget the whole thing and pop a cold long neck Bud!

    Seller made a mistake. Buyer got his refund. Yet people still want to neg the seller, take him to small claims court, report him to the proper authorties etc.

    Stones comment is the only thing in this thread that makes sense.
    Baseball is my Pastime, Football is my Passion
  • Seller made a mistake. Buyer got his refund. Yet people still want to neg the seller, take him to small claims court, report him to the proper authorties etc

    That is not the point, he violated the rules of Ebay which will in the long run hurt all sellers as well as buyers he needs to be exposed on Ebay for his tactics.

    For all we know the seller may be doing this as a means to circumvent Ebay fees. Selling it at one price then saying he made a mistake and if you pay me X.XX more then I will sell you the card. That is a clear cut case of fee circumvention. There is no proof the seller did this but it is possible.

    I have been selling on Ebay since 1999 and have seen numerous changes made due to sellers cheating the system and trying to take advantage of buyers.
  • For all we know the seller may be doing this as a means to circumvent Ebay fees. Selling it at one price then saying he made a mistake and if you pay me X.XX more then I will sell you the card. That is a clear cut case of fee circumvention. There is no proof the seller did this but it is possible.

    Let's just stick with the facts. The seller made a mistake. 6 minutes after the mistake was listed the buyer hit the BIN. When the seller received the notice he told the buyer (albeit tersely) that a mistake was made and he wasn't going to sell the card at the mistake price. The buyer decided to post the issue on a public message instead of contacting the seller to work out the issue. The buyer received his refund within 48 hours.
    There was no curcumvention of fees.
    The seller did not try to get a higher price or extort the buyer. He simply relisted the item.
    Forget about reading into what might have happened.
    Just read exactly what happened.

    As for leaving feedback, it's up to the buyer whether to neg or not. Don't forget, there is also the neutral feedback. People read those too. But to continue this thread with false facts and innuendo is a waste of time.
    Baseball is my Pastime, Football is my Passion
  • storm888storm888 Posts: 11,701 ✭✭✭
    This eBay lingo is kind of weasely, I think.

    "After receiving a report, eBay will consider the circumstances of the
    alleged offense. If a complaint cannot be proven with certainty, it is
    possible that no action will be taken. Due to privacy issues, eBay will
    be unable to discuss the result of the investigation."

    The fact that they will "consider the circumstances," means that the
    seller gets to make his "mistake" argument.

    The "proven with certainty" concept seems odd/redunant. In this
    case, the seller admits he "refused to sell;" that admission seems
    to meet the "certainty" notion. The seller is sort of "pleading guilty
    with an explanation." Is that the kind of argument that eBay is
    looking for as they "consider the circumstances?" I dunno.

    If a buyer makes a mistake, he can cancel his bid with an "explanation,"
    in the prescribed time.

    If a seller makes a mistake, he better find it within the first few seconds,
    or be prepared for controversy.

    Regarding the question of letting buyer/seller off the hook:

    As seller on a BIN, I would let the buyer of the hook, if he "almost immediately"
    changed his mind and had NOT already paid, PROVIDED he paid my listing costs
    and had a "reasonable explanation."

    As a buyer on a BIN, I would not expect other sellers to adopt my "liberal" policy.

    As a seller, I also have a NO REFUND policy, unless the item is "not as described."

    As a buyer, I have never tried to return anything. I have thrown a few purchases in the
    trash can, rather than go through the refund scenario.

    storm


    storm

    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • It don't matter either way the seller made the mistake and needs to honor his mistake. Instead of trying to pass it off. We all make mistakes and need to live with them. IMHO he is nothing more than a thief and scam artist and will never get a dime of my money nor will any seller who defends his actions. It is actions like these that cause buyers to leave Ebay, cause Ebay to change rules making things more restrictive. Remember how some sellers used to list items then if they did not get what they wanted a few minutes before the auction ended they would end the auction canceling the bids. Ebay did away with this option and now should you have a real reason to end an auction at that point you cannot do so.

    I had an item that got broke 6 hours before the auction ended. I tried to cancel the auctions but was not allowed to do so. I ended up with a neg and a Non-Selling Seller strike because of it. This was a legit reason, but thinks to a few bad apple spoiling the bunch I had to pay that price.
  • If a buyer makes a mistake, he can cancel his bid with an "explanation,"

    Bid retractions can be reported too. 2 buyers I reported this week for this are now NARU'ed.

    One said I changed the description which was a lie. They are NARU'ed now.

    Had another say he entered wrong bid amount. According to that one you must rebid on the item. He did not do so. I reported checked him today he is NARU'ed.
  • had an item that got broke 6 hours before the auction ended. I tried to cancel the auctions but was not allowed to do so. I ended up with a neg and a Non-Selling Seller strike because of it. This was a legit reason, but thinks to a few bad apple spoiling the bunch I had to pay that price.

    So being in that position once, where something happened out of your control, you think you would have been more sympathetic? Wouldn't you have appreciated the buyer understanding your situation and working with you rather than hitting you with a neg? You had a legit reason, this seller did too.
    It seems the "bad apples" can fall on the buyer side as well as the seller side. The point being, communication and open mindedness are key to a positive Ebay experience. Let's be reminded of Ebays motto when they first started. "We at Ebay believe that all people are good".
    Baseball is my Pastime, Football is my Passion
  • tedh111tedh111 Posts: 258
    You will lose if you brought it to small claims Court. If there is a mistake when an offer is made, the contract will not go through. Contracts are actually a multi-step process and each step must be cleared before a contract is final. In this case the contract would be voided once it was proven that their was a mistake in the listed price... Also, why would anyone leave a negative in this situation??? The refund was given, no harm no foul. Clearly the buyer only bought the card because it was well below market value.
    www.sportsnutcards.com
    Specializing in Certified Autograph Cards, Rookies, Rare Inserts and other quality modern cards! Over 8000 Cards in stock now! Come visit our physical store located at 1210 Main St. Belmar ,NJ
  • storm888storm888 Posts: 11,701 ✭✭✭
    I did not know that bid-retractions were such a serious matter.

    I have retracted three bids in three years. Each of them was
    a "zero error." On one of them, I bid $15,000.00 on a $15.00
    item. (I had spilled a soda on the keyboard the day before and
    the key got stuck, I guess. I then hit the "final button" without
    checking the numbers.)

    One of my retractions was in an auction format, and my bid
    revealed the reserve. I emailed the guy, told him what had
    happened, told him I cancelled the bid, and asked him what
    he wanted me to do. He wrote back and said I should NOT
    bid again until the reserve was met; I bid again and got
    sniped out of the item at the end. (This was a highly ethical
    seller, and I went on to do more business with him; he
    became ill and stopped selling online last year.)

    Buyers and Sellers need to strive to be "mistake free." But,
    neither group needs to be killed when they make a "mistake."

    storm
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • Wizard:
    My ebay selling id is....... therxcardman

    However, I already explained that I generally start my auctions with a high fixed buy it now/pay for it now price but provide a best offer option. This way I more or less can pick and choose who I deal with. With this said, I won't sell items to people who obviously have a seperate "buyer" id and have nothing to lose.

    On a side note, people make mistakes everyday. However, if each person was crusified to the full extent for every mistake they made the world would be an even worse place than what it is now. You're a great example of why I generally dislike people and don't want to see a single sole after I leave work. I'm a pharmacist, and even though I've never made a big mistake with regard to my job, I have made a few minor ones during my 12 year career (any pharmacist who claims to have never made a mistake of any sort is a liar unless it is his first month on the job). With this said, I'm sure glad I never made a mistake on some unforgiving person like you.

    Plus, to answer your question......As a powerseller myself, I have had a few people in my time to not pay. I have never taken one to small claims court in an attempt to force them to follow the contract they agreed to. As long as they pay me the ebay fees from the auction, all is fine.
    Rich


  • When I get a buyer not pay for really any reason. I file a UPI and let Ebay suspend them if they deem it is necessary. This way I get my fees back and get to relist if the item sells then the relisting fees are credited as with any item that does not sell the first time it is listed.

    The reason Ebay and Paypal rules keep getting more and more restrictive are that so many buyers and sellers are breaking rules and nothing being reported. Ebay has these reporting procedures in place for a reason.

    I guess alot of it is because I work in a job where a simple mistake can KILL you or someone else. If I make a little mistake in my job that leads to the death of convicted child killer I can be charged for his murder. Letting go of an inmate in hancuffs for one second can be just enough time for him to fall and get severly injured, that has in the past to others result in them losing their job and getting sued for damages. I see cops do this all the time and it drives me up a wall.
  • Wizard:
    As a pharmacist I can totally understand how a simple mistake can turn into a disaster. However, in this case we are talking about a small mistake that didn't harm anyone. Some people in life are unforgiveable and if all possible I try to avoid dealing with these type of people (hense my ebay selling style).
    Rich
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭
    Finally...

    A decent Pizza shop opened near my house. It's called Julian's and it's great!

    Great subs - BIG - at a good price.

    And the owner is very nice - no liquor license yet - giving away the long neck Buds!!!

    I'm in Pizza Bliss!!!!
    image
    Mike
  • decent Pizza shop opened near my house. It's called Julian's and it's great!

    Where! Where!
    Baseball is my Pastime, Football is my Passion
  • bishopbishop Posts: 2,917 ✭✭✭
    Embassy Road, next to the Falls
    Topps Baseball-1948, 1951 to 2017
    Bowman Baseball -1948-1955
    Fleer Baseball-1923, 1959-2007

    Al
  • Will this seller still be held in such high esteem if in a few days he files for his fees back??
  • storm888storm888 Posts: 11,701 ✭✭✭
    Wizard wrote:

    "Will this seller still be held in such high esteem if in a few days he files for his fees back??"


    NOPE !

    Since he has already relisted the item "post-cancellation," how can he get the fees back?

    storm
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • He can still file a UPI on the item that sold. He can do so even though he was paid and then issued a refund. If he does so it can cause the buyer to get a NPB strike and result in his suspension from Ebay.
  • storm888storm888 Posts: 11,701 ✭✭✭
    Clearly, the seller's UPI claim would fail.

    I doubt he would file one.

    storm
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • Wizard:
    Sure, he can do this, and if he does he would be wrong in doing so. However, So far all this seller has done is put the kobosh on a deal because he made a mistake with the original listing. Just because he won't allow someone to take advantage of the mistake he made doesn't mean he is a bad seller or person.
    Rich
  • Clearly, the seller's UPI claim would fail.


    No it would not a friend of mine went through a seller who files UPI just to get his FVFs refunded. Even when presented with proof of payment they still gave the seller his refund and he got a strike. It was later overturned, but the seller still got his fees back.

    I had an item where the buyer paid the wrong amount too much, I refunded the payment and requested the correct amount. Buyer then told me he found another one cheaper at his local shop and he no longer wanted the item. I explained the UPI process his words were.. SO.. I have proof I paid so you cannot do nothing. I filed, I won, he got NARU'ed. He then sent me an email asking me to allow him to pay so I could remove the strike allowing him to get unsuspended my response.. SO..
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭


    << <i>Embassy Road, next to the Falls >>


    Shoot Al - I had no idea what street - that's all I know is that it's the street after West on Bitters going towards 281.

    He used to work for Bacconi's which went out of business - they still sell pizza near him - place is called Bambino Huey's? The pizza is hit and miss for me - sometimes I like it and sometimes I don't - so far Julian's has been good. It's a lot like a little NY style place off of Broadway called Florio's - problem with that place - far from my house - dirty/tiny - and the people could be more affable at times.

    mike
    Mike
  • Carew29Carew29 Posts: 4,026 ✭✭

    << I can't believe this is the 14th post in this thread---next topic. >>

    Stone--i am all for a free democracy. My point was this is a $29 item--get over it, block the guy from bidding again and move on. I guess i should complain on how i just got screwed by a schmuck in Florida for Priority shipping on my Carew card that was sent to me with .39 postage on the envelope, but i won'timage
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭


    << <i><< I can't believe this is the 14th post in this thread---next topic. >>

    Stone--i am all for a free democracy. My point was this is a $29 item--get over it, block the guy from bidding again and move on. I guess i should complain on how i just got screwed by a schmuck in Florida for Priority shipping on my Carew card that was sent to me with .39 postage on the envelope, but i won'timage >>


    Hey
    I'm willing to listen.

    I can't speak for anyone else but that's why I'm here.

    If you had just given you're opinion - something to the effect that this has been blown out of proportion or something but IMO, you came off a bit "directive" or arbitrary.

    When principle is involved, some people will go to lengths that we might find interesting.

    But it sure makes for good conversation!

    So what happened with this yahoo and the shipping?

    mike
    Mike
  • Carew29Carew29 Posts: 4,026 ✭✭

    Auction clearly stated Priority shipping @ $4.55 and my Carew came in a envelope with a metered .39 cents and of course because it was sent this way, do you think the mailman cares how he handles an envelope? Ended up chucking the Carew in the trash. As my Master Set is almost complete, my buying of ( ungraded) Carews is pretty much done. My last shipment of Carews will be going in at the end of this month.

    I do agree with you Stoney, i just thought this particular thread was much ado about nothing and could be easily resolved. Next thing i see is guys quoting case law.

    Happy Fathers Day to those who qualify!!
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭


    << <i>Auction clearly stated Priority shipping @ $4.55 and my Carew came in a envelope with a metered .39 cents and of course because it was sent this way, do you think the mailman cares how he handles an envelope? Ended up chucking the Carew in the trash. As my Master Set is almost complete, my buying of ( ungraded) Carews is pretty much done. My last shipment of Carews will be going in at the end of this month.

    I do agree with you Stoney, i just thought this particular thread was much ado about nothing and could be easily resolved. Next thing i see is guys quoting case law.

    Happy Fathers Day to those who qualify!! >>


    That annoys me about the shipping and if the guy stated "priority" - if you scan the envelope and copy the ebay sale and send it off to ebay - what will they do?

    On the case law...

    I'm getting an education - and who said collecting cards is for kids?

    mike
    Mike
  • Mike:
    Regarding your last statement regarding kids and collecting. I'm a big opponent of kids collecting cards. As far as I'm concerend, kids shoud be focused on saving as much money as possible for college (It's more or less the parents job to make sure their child succeeds in doing this). The last thing they need to do is buy cards especially wax. Wax is a form of gambling and the last time I looked, kids were not allowed in Casinos, so I can't understand why they should be allowed to buy wax.
    Rich
  • Carew29Carew29 Posts: 4,026 ✭✭

    Glad you are not my dad!!! Because if you ask most guys here, my "addiction" started at age 9 with my paper route of 325 homes in Covina,Calif. At .10 to .15 a pack, amazingly i did not go broke. Not only did i have a very nice baseball card collection, i opened a savings account at Home Savings back then. I just wish i would have hung on to those dam Hot Wheels!!!!
  • ColleSystemColleSystem Posts: 512 ✭✭


    << <i>kids shoud be focused on saving as much money as possible for college >>




    Why?

    I have a college degree and havn't had any use for it in 10 years.
    My sets:
    1977 Topps Star Wars - "Space Swashbucklers"
  • Stone193Stone193 Posts: 24,395 ✭✭✭✭✭


    << <i>

    << <i>kids shoud be focused on saving as much money as possible for college >>




    Why?

    I have a college degree and havn't had any use for it in 10 years. >>


    image
    Mike
  • Pricing mistakes do not have to be honored from what i remember from law class on this type of thing but the laws may have changed.
  • JmnesqJmnesq Posts: 250 ✭✭


    << <i>At this point, I think I'll be satisfied with getting my money back (which I still haven't received). By the way, if any member of this board took or knows of someone who took a bar review course by Bar/Bri (I would estimate that 90% of all licensed attorneys did) in the U.S. from August 1997 to the Present, they might be interested to know that a federal judge here in L.A. just certified a class action lawsuit against West Publishing, Inc. and Kaplan. The complaint seeks $300 million (before trebling) and no less than $1,000.00 per student. The complaint, certification order and order appointing a special master is available here:

    http://lawprofessors.typepad.com/antitrustprof_blog/2006/06/class_action_ag.html

    There is a hearing this Monday, June 19, 2006, to determine the most effective way to inform all members of the class of the lawsuit and likely their decision to opt in/opt out of the class. Since the class has been certified, I would not be surprised if there is a settlement prior to the September 12, 2006 trial date.

    /s/ JackWESQ >>



    Do you know anything else about this?

    I took Bar/Bri in 98, after graduation. Passed on the first shot. Felt it was expensive, but wouldn't have passed without it.
    Jeff

    Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
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