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EBAY bids and sales no longer binding…….apparently?

September 17th, 2012 Leave a comment Go to comments

I recently had a a dispute filed against me thru PayPal.
 
A ruling was made for the buyer.
 
Basically the ruling confirms BIDS on auctions are not binding.
 
This buyer has two negatives this last thirty days.
 
EBAY has been conned by a con man.
 
Any buyer with buyers remorse or who does not read the auction and wants out merely…
 
Has to reject all shipping methods provided by the auction and seller.
Not pay for shipping.
File a claim of non receipt and none shipping.
File that any payment was unauthorized. Seems like interstate fraud to me.
 
and PayPal will freeze the account and then refund because there is no proof of shipping or receipt. I had emails confirming rejection. His own posts say I would not break a 350 pound item down and ship it in boxes of less than 150 pounds. I could not find anyone to do that. I ahd a person who would pick it up, palletize it, wrap it, and provide it to a shipper for $75 which is cheap. I also offered to deliver it at my own cost to Forward Air. He rejected all of these options in emails. So I encouraged him to hire a crater to pick it up, break it down, box it and pay them direct.
 
I have lost a lot of confidence in EBAY and Paypal ability to ethically and morally perform due diligence and make a sound decision.
 
This buyer never disputed bidding or buying the item on Paypals resolution board. Nor did he request out of the auction.
 
I am not too concerned with  this sale and the $250 but I have sold items for much more. Some were sold out of state and picked up locally by friends and relatives and church members.
 
I was a power seller but developed cancer this past year and cut my activities back temporarily trying to better manage them which was difficult under my health circumstances.
 
I still have over 1800 low priced items listed ie books that do not clear through PAYPAL. I have a store too. I have done business with EBAY since 1998.
 
This has really adversely impacted my confidence in EBAY and Paypal.
 
I could not understand in the past month why two EBAYERs were negative about EBAY or Paypal. One refused to pay thru Paypal, paying with a check instead, and said they had lost a large sum of money thru Paypal. Another said his account had been frozen with $300 in it and like me he is low income, and a father and husband. He would not fight it. 
 
 
The auction said palletize at cost and ship at cost or pickup. He paid the base price without invoice and no shipping. He rejected the pallets and I suggested he find a service of his own to pick up break down the 300+ pound item. No response but he filed a non shipping complaint with Paypal. The Paypal investigation in my opinion was a cookbook joke of massive proportions…..
Ive never had a complaint and inspite of the info supplied they based on whether I had shipping document which to me is a very limited condition. I sold items in Salt Lake City and Alaska where the buyer had friends come over and pick the item up. I’m talking 1500 – 2500 dollar items. There were no shipping docs in those cases. They spent no time reviewing the info supplied including the bidders admission he thought the shipping should be as he wanted not the way the auction specified. They likewise did not request any copies of the email communication. The scope of due diligence just seemed a shallow quick over and out. Nothing of any substance. As a result my paypal account was frozen and $250 taken from it. I subsequently closed my store and and have asked that my Paypal account be closed as soon a 7.55 negative is received. I have talked to 5 people in the last 40 days who have had similar experiences with PAYPAL. One said Paypal and duplicated a large charge and never corrected it
I have an MBA and taught in teo state colleges and worked 40 years in fortune 50 companies and never seen such a farce as far due dilligence and fiduciary responsibility. I guess this is new world order caveat emptor.
Why would Paypal refute the policy of a bid is a binding legal thing unless there was stupidity or a kickback involved. Why would they freeze an account and refund unrelated money transferred into an account for purchasing grandkids gifts when a full complete and fiar study was not done? They made no reference to info supplied to them for my behalf!

I do a lot of selling on EBAY, and I have had problems similar to this. To my understanding, a bid is a legal contract, but not one that EBAY or paypal will enforce, it’s basically a legal contract for you, and if you chose to file a lawsuit it would hold up in court.

As far as the investigations with paypal, I have to say I’ve been pretty fortunate. I’ve had 2 buyers file claims (one claimed they never received the item, and one who wanted to cancel their order AFTER it had been shipped) and paypal sided with me both times. I know it’s a different situation, but anyhow.

So if you want to file a claim legally, then the bid is a contract, if that makes sense.

  1. TD
    September 17th, 2012 at 11:30 | #1

    If he didn’t pay you, you needed to file an Item Not Paid report and if he did, then you are obligated to ship the item. The buyer agrees to your terms of shipping when they bid and ultimately pay. You do not have to deviate from your TOS. The buyer does not dictate how something is to be shipped. Your description should say exactly how you will ship. I’m a seller, too. It’s the reports that get things done on Ebay…not the feedback. Ebay doesn’t look at feedback.
    References :

  2. AB
    September 17th, 2012 at 12:10 | #2

    I do a lot of selling on EBAY, and I have had problems similar to this. To my understanding, a bid is a legal contract, but not one that EBAY or paypal will enforce, it’s basically a legal contract for you, and if you chose to file a lawsuit it would hold up in court.

    As far as the investigations with paypal, I have to say I’ve been pretty fortunate. I’ve had 2 buyers file claims (one claimed they never received the item, and one who wanted to cancel their order AFTER it had been shipped) and paypal sided with me both times. I know it’s a different situation, but anyhow.

    So if you want to file a claim legally, then the bid is a contract, if that makes sense.
    References :

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