Ebay Problem Seller

Question

Hey,

I pressed buy it now on an auction and won it, pressed it as it was a good price (well i thought at the time), but then to find out it wasn't.

I haven't paid for it yet and the seller is threatening to take me to court.

As im refusing to pay for it as i believe he didn't list it properly.

He was selling a 60GB PS3 which i assumed played PS2 and PS1 games but it wasn't it was a 40GB one upgraded 20GB.

Can i do anything or do i have to either pay him or go to court.

He also doesn't state when i have to pay for the item in the item description does ebay have any rules of when a purchase has to be completed by?

Thanks for your help

Cheers

Answer 1

OK this is why you gotta be real sure before you bid or buy something on eBay...make sure you really want it...

OK you bought the item and now don't want it, because you assumed it was something that it isn't. Does he seller say on the listing that it plays PS1 and 2 games? Does he give the correct details for the item? If he doesn't, then that's Fraud and you can get out of the sale that way.

I find it hard to believe that this guy is going to go through all that expense, in taking you to court over an eBay item..he may be bluffing...

Contact eBay LIVE HELP which is here:

http://contact.ebay.com.au/ws/eBayISAPI....

(Click on the "problem with an item - LIVE HELP)

Here you can actually chat with an eBay representative, who can discuss the matter with you in detail, looking at the listing etc and give you the best possible advice, including what eBay will and won;t accept from you and/or the seller...good luck!

Answer 2

u need to contact ebay about this.there will be links on the ebay website for this, they can help

u wont go to court as the seller needs to go through ebay themselves

either ebay will agree will u  and assist u OR they will say that the seller is right but still u wont have to pay if u dont want to, if u dont pay u wll get neg feeback and the seller can list a strike against u which everyone can see

just depends how it ends up but if u believe the seller listed it incorrectly contact ebay they will help u with what to do and what can and will be done

Answer 3

I very much doubt he'll take you to court.  The only skin off his nose is a couple of bucks at most for the listing ... which he can claim back if you don't pay.  And the worst that can happen to you is he'll give you a negative feedback and file a non-paying bidder report, which has to be filed to receive a refund on the listing fee.  Check the item description carefully, and if the wording was ommissive or misleading you can lodge a complaint to Ebay.

Technically a bid is an entry into a contract, but there's really no harm done here - I'm astonished he's even bothering to threaten court action.  It seriously happens all the time.  Just make sure you send an email to the seller outlining why you want to retract your bid in case you need it for future reference.  You won't be going to court though.

Answer 4

I would call his bluff, I doubt he would bother taking you to court for something like that. If you can, print of copy of the ad for the item, it should still be visible for three months. Keep it for proof just in case he does decide to take you to court. Tell him you're getting a lawyer and that you've made a copy of the ad to prove the item description was misleading. If you believe you're in the right, stand your ground and don't give in to the seller's bullying tactics. Read the ebay rules about misleading item descriptions, there may be a clause there that nulllyfies any contract if the seller misled the buyer. It wouldn't hurt to write to ebay managment to ask them if your contract is biding if you were misled. Whatever you find out, let the seller know and refer him to your source.

Answer 5

He's not going to take you to court, it would cost him more in fees than the PS3 is worth, he's just trying to scare you into paying. If you believe he's advertised it falsely then follow the steps to lodge a dispute. At the end of the day all Ebay can do is slap you on the wrist and potentially ban you. At which point you just start up a new ID like everyone else does.

Answer 6

Buy it now, usually indicates you have to pay now.  There is a process on Ebay, where you can register your dispute.  Hopefully the seller will see that is was a misunderstanding on your part, and not make you pay.  The worst thing that will happen, if Ebay sides with the seller is that, they can suspend you from Ebay indefinitely.  If you take action now, and remain friendly this will be unlikely to happen.

Save a copy of the listing.  Make sure you read through a listing, and ask the seller any questions before purchasing next time.

The feedback rules have changed, so even if you loose, the seller can NOT leave you negative feedback.