Who's right, and who's wrong (Ebay ordeal)

ROLLIN5.0

New Member
Nov 19, 2004
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Tulsa, OK
OK, so I list these wheels on Ebay for a buddy. They came off a truck that he no longer has. I listed them on a 7 day auction. On the second day of the listing, a guy that lives in the same city as me E-Mail's me, and says he is in desperate need of those exact wheels, and asks me to do a "buy it now". I talked it over with my buddy, and E-Mailed back that I would take $200. I would never end my own auction for an offer like this, but I gave him the option because they were his wheels. Two days go buy (listing is three days old), and the guy finally E-Mail's back. He says that he didn't have the money originally, but he saved a little bit on tires, and would like to buy the wheels immediately for $160. I E-Mailed back accepting the offer. Those of you that have taken Business Law know that it then becomes a legally binding contract. With my acceptance, I asked that he get back with me immediately to set up payment. I heard nothing in return, so I did not remove the auction listing. Today I was watching the end of the auction, and this same guy bids with 8 seconds left, and wins the auction for $117.50.

This individual and I had already agreed on the figure of $160, which was actually doing him a favor because I was going to sell them to him before the end of the auction. I assumed from the lack of response that he did not want to follow through with the agreement, but he had actually decided to go ahead and wait it out in an attempt to get the wheels at a lower price. I am sure that had the auction gone higher than the $160, he then would have tried to say that I broke the agreement. You guys get the picture?

Well, I E-Mailed the guy, and said that he can either buy the wheels for the agreed upon $160, or I will offer them to the next highest bidder at their maximum bid. Am I acting out of line here? It's not the money that I'm worried about. I just feel like this guy did me dirty. What do you guys think?
Brandon
 
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Was there an agreed shipping cost? I would just adjust the shippng cost to get back to the area of the agreed price...if he doesnt bite, offer them to the next bidder.

Either way, that is pretty shady on his part.
 
With him it was just going to be pick-up, so there wasn't going to be a shipping charge. Glad to hear I'm not just being dillusional here. He just sent me an E-mail saying that he has E-mail'd me three times since then, blah, blah, blah which I think pretty much proves my point. If the wheels went over $160, and I sold to someone else, he would be saying the same thing. What are you doing man, I've E-mailed three times!
Brandon
 
I would like to say you are in the right, but I'm not sure. But as the seller I think you are entitled to cancel any bidder's bid, and cancel the auction at any time. Tell him that he entered into a contract with you (although you didn't get it in writing, so that will be a hard one to argue) when he agreed to pay $160.
 
CManT1914 said:
I would like to say you are in the right, but I'm not sure. But as the seller I think you are entitled to cancel any bidder's bid, and cancel the auction at any time. Tell him that he entered into a contract with you (although you didn't get it in writing, so that will be a hard one to argue) when he agreed to pay $160.
+1
 
Just like buying a house. You submit an offer on paper ..... seller counter-bids or accepts. Acceptance = contract.

He emailed offer. You accepted offer. Written on paper or not ..... it's a contractual agreement. Email ..... IP address ..... whatever .... I'm sure you can push it if you have to.

Present the problem to eBay & see what they have to say ......
 
humm i hate to say it but if you didn't end it he has a right to bid even if it is at a lower price i would say. and if it was a no reserve auction theres nothing that you can do about it i don't think. if you set a reserve then you can say no if teh bids lower but i don't think you can with a no reserve. I may be wrong but thast how i think it goes.

Boy do I feel left out lol