All Poster Forum
Common Poster Subjects => Auction House, Dealer & Other Seller Experiences => Topic started by: Cj on January 27, 2010, 05:29:02 PM
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Just curious as to what everyone's take is on sellers who cancel auctions after the auction ended. I had a recent auction I won, I went to go pay and I had a message in my message box from the seller saying not to send a payment. His reason was that he decided to gift the item to someone other then sell it. I was the winning bidder, the auction went it's full length. Is it right for a seller to do?
Cj
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That's just wrong. If the item sells for less than what he'd hoped, too bad. He should've put a reserve or started it at a price he was comfortable with. If it shows up for auction again, then it's really a bullshit move on his part
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Yeah I agree it wrong .. But as a buyer nothing can be done except negative feedback :(
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Can you leave negative feedback if an auction is cancelled? Never been in this type of situation so I'm not sure.
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I dont think it was officially canceled .. Just him emailing saying that he gave the item away .. Once an auction ends its done they cant do anything .. Unless its a VeRO issue then all auctions are void.
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Thanks for everyones's input.
The auction ended over $100.00 more than the average price. I think the result of the auction was more then fair on the sellers behalf.
My honest opinion is that someone back doored me and offered him more money for it after it ended.
Cj
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Speaking of back doored check out Harry Caul's Deliverance poster in the unicorns thread.
Yes, if it went at an above average price you could have been out bid offline.
Happened to me on Avatar lenticulars more than a couple times. Add it to my watch list and three days later "auction canceled early". But I never won one, then, had the seller cancel.
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Speaking of back doored check out Harry Caul's Deliverance poster in the unicorns thread.
:o Well played.
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Thanks for everyones's input.
The auction ended over $100.00 more than the average price. I think the result of the auction was more then fair on the sellers behalf.
My honest opinion is that someone back doored me and offered him more money for it after it ended.
Cj
Here's what I don't understand, if you're going to offer the seller more than the ending price, why not place a bid/snipe in that amount? If that's what truly happened, then that blows
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Just curious as to what everyone's take is on sellers who cancel auctions after the auction ended. I had a recent auction I won, I went to go pay and I had a message in my message box from the seller saying not to send a payment. His reason was that he decided to gift the item to someone other then sell it. I was the winning bidder, the auction went it's full length. Is it right for a seller to do?
Cj
Just brutal...
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A seller cannot "cancel" an auction after it is over. The instant the auction ends the highest bidder and the seller have a binding contract. However, Ebay will not enforce the contract. You have to go to court to do that.
Here's how it works. Normally you have an obligation to "cover" i.e. buy the item somewhere else. If you have to pay more to get it from someone else, you can sue the first seller for the excess amount you had to pay.
However, if it's an extraordinarily rare item and otherwise unobtainable - like a Black Cat Style B - you could can get an injunction from the applicable court to stop the seller from transferring or selling the item.
As a practical matter, most items on Ebay are not worth the legal hassle, so your best remedy is negative feedback. You could also get a lawyer to write a "demand" letter demanding that the seller sell the item. A lot of times that letter will motivate the seller to do the right thing.
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my other passion other than posters is classic cars and i once read that a seller was forced to sell a rare Porsche Carrera RS on ebay. The auction ended on a low price and the buyer started proceedings and eventually got the car. Its not as easy to 'lose' a car .
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Mel, draft up a letter for him ! :P
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for anyone who is interested here is the post
Hello from an RS newbie!
Some of you may well be aware from other threads that I was chasing a black 964RS that was up for sale at ninemeister for £32k.
The guy who owned it put it on ebay with a low reserve and I managed to win the car for £21,100 - no you are not reading that wrongly, £21,100!!!
Unsuprisingly he tried to back out claiming the car was sold elsewhere already and he had the right to pull out.
Unfortunately I, like many other RS enthusiasts who post on here, knew this was not true and the car was still with Colin at ninemeister at warrington.
Various emails were passed back and forth and in the end I thought 'sod it he's not getting away with it' - if any of you ever use ebay then you will know its great when dealing with genuine sellers and some of the porsche parts specialists etc who sell on there but you will also know non selling sellers are becoming more frequent and items being withdrawn with minutes to go etc etc etc can drive you mad.
Anyway, my dad is a very senior litigation lawyer dealing in contract law etc so I decided to put his services into practice! A few emails/letters/injunctions and the transfer of £21,100 means I now own J66 POR - one black 964RS!
Now I'm not overly proud I had to take this course of action but if you play the game then you have to deal with the consequences! (Don't mess with irate Geordies!)
Anyway those feelings pale into insignificance when I know what I now have - A CHILDHOOD DREAM FULFILLED!
A 964RS.
I pick it up from Colin on Monday and I CAN'T WAIT - I'm shaking with excitement just typing this.
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LOL .. Thats awesome .. its 'bout time a buyer finally stopped getting jerked around by the bad sellers out there !!
I bet that guy never sells on ebay again either :P
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Well certainly in the case of the Porsche, likely the ONLY reason it was worth his while is because the buyer was able to use his own father as counsel and thus utilize free or at least reduced legal advice/fees. Depending on the difference of the actual value of the item in question - in most cases it would not be in the buyers best interest to retain counsel as they would end up spending more in legal fees than the item is worth.
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that could be the case but in the UK it is possible to make a claim in the small claims court for upto £5000 for a small fee. I dont know if this is possible elsewhere.
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If he wrote to say he honestly just couldn't part with it I could understand that and leave a neutral.
I don't get this...why? If he/she wanted more, they should have started it at a price they were happy to get.
If they never really wanted to sell in the first place, why is it up there?
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I don't get this...why? If he/she wanted more, they should have started it at a price they were happy to get.
If they never really wanted to sell in the first place, why is it up there?
Very true, although we don't know (or will ever know) the exact reason the sale was not finalized.
Could be they are telling Cj the truth in terms of a gift, as annoying as that is for Cj, but who knows.
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I don't get this...why? If he/she wanted more, they should have started it at a price they were happy to get.
If they never really wanted to sell in the first place, why is it up there?
Why a neutral? Because I'm a sweetheart when it comes down to it and you're a calloused daybill overlord.
No. Why a nuetral? Because 8 times in 10 times seller's "explanations" of events are lies when dealing with eBay sellers. If an eBay seller astounded me by telling me the truth in admitting they had sellers remorse instead of inventing a story/lie I'd joyously thank them for their time, leave them a neutral or positive and move on. Their honesty would mean more to me than any needless item I was buying whether a car or a poster.
"I got a great deal on a Porsche he's not honoring so I'll sue his ass" is a most common and unfortunate mentality which leaves me even less inspired than the backpedaling seller breaking his contract. When it's an eBay item, of all things, better to simply move on in my view.
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Why a neutral? Because I'm a sweetheart when it comes down to it and you're a calloused daybill overlord.
No. Why a nuetral? Because 8 times in 10 times seller's "explanations" of events are lies when dealing with eBay sellers. If an eBay seller astounded me by telling me the truth in admitting they had sellers remorse instead of inventing a story/lie I'd joyously thank them for their time, leave them a neutral or positive and move on. Their honesty would mean more to me than any needless item I was buying whether a car or a poster.
"I got a great deal on a Porsche he's not honoring so I'll sue his ass" is a most common and unfortunate mentality which leaves me even less inspired than the backpedaling seller breaking his contract. When it's an eBay item, of all things, better to simply move on in my view.
that's not exactly the way it happened, when the buyer contacted the seller of the car he was told that the car was sold to someone else which was a lie and it was his tough luck. I think this attitude just annoyed the guy enough to take things further.
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The seller lied about the whereabouts of the car, hence, more motivation to persue it. I understand that.
My view/point is that it's a needless pursuit, like countless other stupidities clogging courts, motivated by "I want my Porsche!". It's fine to pursue the car, I just find making it such a priority is a result of our lesser nature. Better to simply move on.
P.S. Forget Porsche. Give me a Tesla Model S.
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Ves is "a calloused daybill overlord"?!
Now I've heard everything ;)
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that could be the case but in the UK it is possible to make a claim in the small claims court for upto £5000 for a small fee. I dont know if this is possible elsewhere.
Also in UK the loser must pay the winner's attorneys fees, so you get fewer and more meritorious lawsuits.
Carson, a deal's a deal and you can't just walk away and let the other party screw you over. Society needs an enforcement mechanism and lawsuits are the "worst possible solution - except for all the rest." We could reinstate the monarchy and petition the king for redress and live with his/her arbitrary decisions, as in olden days. Maybe in 20 years they'll perfect lie detectors. Until then, we're stuck with the current system. By the way, about 2% of our GDP goes to legal transaction costs (court costs, judges & lawyers incomes, etc.), which is too much, but pretty small in the grand scheme of things - health costs take up 15% (and rapidly rising), half of which is due to preventable health problems stemming from smoking and obesity, and military expenditures eat up 5%.
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Sue, 'em Cj! Take him for everything he's got!
You should get your poster and put him out on the street while you are at it.
Better yet, I think some wisdom from Leon applies here as well:
http://www.youtube.com/watch?v=2Ewr4BSTr8Q (http://www.youtube.com/watch?v=2Ewr4BSTr8Q)
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Mel, I understand, but consider the context. I'm talking specifically about the Porsche eBay deal posted by mahmudf, not enforcement mechanisms, the monarchy or petitioning the king for redress. How does saying I'd walk away from the Porsche on eBay segue into the perils of arbitrary decisions made by kings in the olden days? I do get your meaning, it just doesn't apply well here.
Suddenly I'm talking to Tom Cruse from TAPS. I appreciate your passion for your work, Mel, I do, but my point was simply that the pursuit of the Porsche isn't worth it. For some tool in a v-neck and bad cologne to impose his fleeting Porsche-lust on a congested court system is a glowing example of the stupidity that backs up our system. And there is a tool, just like the Porsche collector, around every corner willing to prioritize petty wants ahead of real cases involving people in need of help. I agree with you we need means of enforcing law, that wasn't the point. Finally, please put "Gentleman of fortune, lawyer from Washington D.C" back under your name or I will sue for breach of comedy.
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For some tool in a v-neck and bad cologne to impose his fleeting Porsche-lust on a congested court system is a glowing example of the stupidity that backs up our system.
ROTFLMAO ;D
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I'm talking specifically about the Porsche eBay deal posted by mahmudf,
If I'm ever able to afford a Porsche - probably never given how much I've been blowing on MPs - and somebody tries to bail on a good deal for one, then forget the lawsuit deal. I'm gonna settle it "Texas style.
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in so far as the guy who backed out on the poster for $100.. he's an ass.. just neg the sumbitch
however on cars and real estate
it's interesting that on ebay, the rules actually say in those 2 areas (ebay real estate and ebay motors) the seller does not have to sell it to you after the auction ends. Check it out. It's shocking in the least
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people who do it suck
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There's a guy in France on eBay who keeps listing the same exact posters (one of them that I always see is the Curse of the Werewolf french poster) and I know he's had bids on it, then I see it again a week or so later. It's kind of in rough shape and he's got multiple pictures of the tears, so it's unlikely he's got multiples, I think he's cancelling it before it ends. Sometimes it will only stay up for a day or so, he'll have a couple bids then it's gone, back in another week. It's obvious he's doing something fishy.
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I was on another site where you purchase from different sellers. I purchased 4 posters from this one seller. Over 100 euro. The items end. He then tells me the items are no longer available. 3 days later. He reposts the exact same items for sale and marks them all up by 20%. I figure okay, they are still in my budget. So I buy them all again. He replies again the items are no longer available and then states he doesnt want to ship them to Canada...
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I was on another site where you purchase from different sellers. I purchased 4 posters from this one seller. Over 100 euro. The items end. He then tells me the items are no longer available. 3 days later. He reposts the exact same items for sale and marks them all up by 20%. I figure okay, they are still in my budget. So I buy them all again. He replies again the items are no longer available and then states he doesnt want to ship them to Canada...
DOUCHE
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I was on another site where you purchase from different sellers. I purchased 4 posters from this one seller. Over 100 euro. The items end. He then tells me the items are no longer available. 3 days later. He reposts the exact same items for sale and marks them all up by 20%. I figure okay, they are still in my budget. So I buy them all again. He replies again the items are no longer available and then states he doesnt want to ship them to Canada...
These types are the one that can make it all look SO bad on ebay.. the bad apples.
What a scumbag. moron1
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Had this happen to me, tonight. moron1
I bid on, and won a poster, messaged the seller about where and how to ship and paid, via Paypal..... all good.
I got back home an hour or so after paying, to see an email that my winning bid/shipping had been refunded with the reason being: "the poster was damaged and is now not sellable." What TOTAL BS.
I wrote back and asked if it wasnt for me to decide if I still wanted it, even with the damage? I also asked for a couple pics of said damage.
Will see what happens (if anything). But the seller also refunded me (via Paypal), so I'm not out any cash.
But still -- how rude and annoying when people pull this kind of scam, let alone expecting a buyer to believe the sudden, "damage" story.
I will be leaving big time NEG feedback, unless i get some reply that holds water, that's for sure.
(It's been a bit of a bumpy and "dinged" poster roll, lately, dealers included, who promise "solid" shipping , then have failed..... so this is just more icing on the proverbial, poster cake). :P
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grrrrrrrr
moron1
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That sux, yes give him a big red neg for sure
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I wrote this seller a couple emails last night, all being polite yet direct, asking for pics of the damage (as well as a PM thru the bay messaging system).
No responses at all, so far this morning.
Her silence screams the truth here, it seems, imho. eyeroll
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Yeah, that's frustrating. I'd leave a negative too----it's small consolation to you, but a good warning to those who might bid after you.
I recently won a Star Wars half-sheet for what I felt was a fair price. After two weeks of nothing, I asked the seller for a refund. I got the typical "death in the family, too busy" excuse....and of course, no poster. Went to search for a new one on eBay and what do my eyes see, but the same poster for sale from same seller. Total douchenozzle----left a negative and got my money back from eBay. Now it sits with zero bidders and a negative for the next person to see....I get a little vindication, but I really wanted that poster!!!!
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he got 4 bidders and only $30 in total bids above his 600 starting price.. what did he think he might be worth?
stupid.
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he got 4 bidders and only $30 in total bids above his 600 starting price.. what did he think he might be worth?
stupid.
Probably around 8. It started as a BIN/BO for 9, I offered 5, they countered w/ 8, and I let it go. Then it went to auction at 6 and I "won" at 630. Bleh----such a waste of time.
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Left the neg feedback for the scam artist, when, 24 hrs later, I got no further reply or explanation from her.
Moving on.
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Probably around 8. It started as a BIN/BO for 9, I offered 5, they countered w/ 8, and I let it go. Then it went to auction at 6 and I "won" at 630. Bleh----such a waste of time.
yeah just stupidity
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Just happened again. I won an auction and was the only bidder. Paid. Seller decides to issue a refund and said can not complete transaction... devil 2 girly2.gif
Although, he did send an extra $10 payment as an apology...
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Just happened again. I won an auction and was the only bidder. Paid. Seller decides to issue a refund and said can not complete transaction... devil 2 girly2.gif
Although, he did send an extra $10 payment as an apology...
Mike, he didnt say why he couldnt specifically complete the transaction?
The $10 added as the refund is suspicious, tho. Hmmmmm. hmmm.gif
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Not sure.
I think he expected more bids, (and also offered free shipping).
Than later changed his mind.
That's what I think.
No reason was given.
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Not sure.
I think he expected more bids, (and also offered free shipping).
Than later changed his mind.
That's what I think.
No reason was given.
I'm that was exactly the seller's thinking, Mike. He yanked it from you, holding out for more $$$. :P