# eBay Question-Problem with Seller



## SkinniMini (Mar 26, 2006)

Hello, everyone!
We have a problem with a seller on ebay & I'm looking for an ebay seller/guru who might be able to answer some questions.
My fiancee Mike buys & sells alot of sports cards on ebay & recently won an auction for a football card that was like 4.21 plus shipping. Today he recieved an email from the card seller telling him that he can't sell the card for less than book value & has raised the price to 14.00 plus shipping.-this was *after *the auction was closed & Mike has already sent him a check for it!(the guy doesn't take paypal) 
We were always under the impression that the bid is like a binding contract, & the seller technically can't do that-Mike can't find any definite answers on any ebay links, & although he's been doing this awhile, this has never happened before. He sent the guy an angry email about it, but what else can he do? He doesn't want to file a complaint with ebay yet, & is not even sure if he has the right to. 
The seller's listing mentions nothing about price changes after the fact that depend on book value, which can change. The card was not listed at a reserve price. We always thought it was tough tittie if the seller had to take less than book for a card, the end of auction is final.
So who is in the right, here? What can Mike do without ending up with a bad feedback? The seller also has a 100% feedback score.
If anyone has any suggestions, I'd really appreciate it!


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## John N. (Dec 11, 2005)

Ultimately, since you won the auction at that sell price, you have created a a contract. You are entitled to the product, or your money back. The seller can't amend the auction after sale. I suggest you forego this transaction and sports card, and cancel your check with this seller.

File a complaint with Ebay, this will prevent you from getting negative feedback if the seller decides to be vandictive and give it to you. Write these intentions to your seller so your seller can be informed of what your course of action will be.

Good luck,

-John N.


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## nailalc (Mar 17, 2006)

Here's a recent event I dealt with on ebay:

I bid and won on a book for basically well worth the value, as I try to do, I paid almost immediately afterward (I always do this, unless it's in the middle of the night and I'm sleeping). It goes a couple of days with no contact from the seller, finally I get an e-mail back saying I've been refunded the money, because he couldn't find the book.

I e-mail him with basically two accusations: 1. He list's items for sale that he's not entirely sure he has and/or 2. He refunds the money for any item that doesn't garner the value he thinks it has. Of course these didn't sit well with him at all, but it pretty much bugged me. I gave him negative feedback I thought he deserved.

A week later I get an e-mail from ebay saying that the seller opened an unpaid item dispute on me. It took one e-mail explaining things to have ebay say that the dispute was thrown out and there were no strikes against me. This is the only problem I've ever had on ebay.


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## hoppycalif (Apr 7, 2005)

You can have all kinds of experiences on ebay. I just purchased a powerhead there, 99 cents plus $5 shipping. When it arrived, I opened the box to find a small handful of odds and ends, but no powerhead. I emailed the seller telling her she sent the wrong box. She said she only opened one of the boxes of powerheads she sold, and must have been given a bad box. She refunded my entire $5.99, eating the two paypal commissions and the ebay commission and didn't want the box back. That is a typical transaction in my experience. The bad ones are rare.


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## werner (Jul 6, 2006)

Make sure you use eBay's message system for contacting buyers/sellers- if there's a problem, you have proof.


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## JanS (Apr 14, 2004)

I had to file a claim once when someone won the bid on something then decided he didn't need it. It was a very simple process and when I resold it, it went for more than the first time, so I was happy.

SkinniMini, there is no way that seller can do that, and he should be given a strike against him for even thinking about it. If you sent him a personal check rather than a money order, I'd also keep an eye on your bank account to be sure he hasn't taken your account number and run with it.

Werner also has a very good point about being sure to use the E-bay message system.


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## AndyT. (Jun 28, 2006)

Hi SkinniMini,

I think that would fall under Seller Nonperformance:


> When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:
> 
> 1. Fail to deliver an item for which payment was accepted.
> 
> ...


The sale was successful. He has to accept payment and send the card. Best of luck with this.


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## SkinniMini (Mar 26, 2006)

Thanks, you guys! 
Mike filed a complaint last night & I guess ebay resolved it today-he doesn't remember seeing a seller non-performance category, that would have been perfect. I don't think he was too happy with the complaint process at all.
The seller replied to him last night, basically claiming they could do that if they wanted to, this is not a red tag sale, blah blah, Mike fired back telling them he's sold alot more than they have, they don't know what they're doing. They said they would give him a refund, but he is still worried about his check, even if it is only like 6something total. A stop check would cost him 15.00.
What really kills me is that at the end of their emails, they put "truthfully, in Jesus Christ" before their name. I guess to them, that makes everything ok.


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## AndyT. (Jun 28, 2006)

Ironic signature indeed! Reminds me of the prayer: "Lord, please save me from your followers." 

I just don't understand people like that! Can you imagine buying a car and after you sign the contract the dealership says: _This is not a red tag sale, you owe us an additional $5,000_? Or buying a sports card at a collectors store and after you pay at the register having the guy behind the register say: _Hey, you owe me another buck before you get the card_!

Unbelievable.


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