Online Auction P^&*off

Swamp Rat · 13-09-2009, 10:39 PM

I was the winning bidder of a little truck on ebay,so i sold my other truck to get the rest of the funds to register it and get it home.2 days after the auction ended i went to pay for and pick up the new one,i rang him this morning to make sure it was ok to pick up at a certain time,no problem.i get there and he tells me the bloke who lost to my bid rang him and offered him 100 bucks more so he sold it to him...so i kicked one of his garden knomes across his lawn and threw another at him....now i own a small transport business with no transport vehicles.

has this happened to anyone else before?

P.S if anyone has a mid 0's f100 roller that needs a motor and box id greatly appreciate it

**GasoLane** · 13-09-2009, 10:47 PM

Sooo, technically he's broken a contract. Tell him to expect a call from your Solicitor. (and from eBay?)

Swamp Rat · 13-09-2009, 10:55 PM

planning to, my main concern is getting something suitable on the road asap before i go under

flappist · 13-09-2009, 10:56 PM

This is Australia not USA, he decided not to sell to you, life goes on....

EBAY can ban him and he will be back on in 20 seconds with a new email (just like AFF) and in the big picture EBAY do not care as long as they get their percentage.

calais · 13-09-2009, 11:00 PM

I can understand how this seller has really put you out in the wind with this ebay auction. I would be lodging a complaint via eBay firstly. And as long as you still have your money, the outcome could have been far worse. Was the vehicle already gone? was there any opportunity to have discussed the matter or if you had your business riding on it, offering as much as the other backdoor bidder had offered?

It has been my experience that maintaining a calm attitude when faced with contractual issues is usually preferable to an abrasive response and the associated actions. (however when dealing with unreasonable slippery minded people, I guess you have to do whats required at the time to get your point across, even if it wont help after the situation is over to gain compensation etc).

vztrt · 13-09-2009, 11:01 PM

Why are you buying a vehicle for your fleet of ebay??

Swamp Rat · 13-09-2009, 11:05 PM

i was calm for a awhile till he got cheeky.yeah i still got my money and the truck was gone
my "fleet" was 2 utes that were nearly 35 years old,i wanted 1 truck that could do the job as both the utes

pottery beige · 13-09-2009, 11:05 PM

Bally's & bat's.. Where's he live bro....

Swamp Rat · 13-09-2009, 11:06 PM

very bloody tempting lol

flappist · 13-09-2009, 11:07 PM

Compensation? There are too many people watching Ally McBeal reruns...

1) Ebay is not binding under Australian law
2) Any person has the right to reneg on a sale unless there is a SIGNED formal contract and even then it is not all that hard to get out of it.
3) The only people who ever say "I will contact my solicitor" never actually have much to do with solicitors. If you do start an action in mags ct you will have to pay you fees (up front) with will be several thousand dollars and IF you actually force the guy to sell it to you, you cannot get costs awarded you will just wear have to wear them.
4) Go anywhere near him and/or threaten him and you will end up in jail or at best on the wrong end of an AVO which means you become just a little bit above a child molester as far as many people (including your potential customers) are concerned.

Just let it go and buy another one somewhere else.

Swamp Rat · 13-09-2009, 11:12 PM

good points there

naddis01 · 13-09-2009, 11:52 PM

What year F100 are you after?

davocol · 13-09-2009, 11:58 PM

I would go one step further and leave him negative feedback, that will show him.

Unfortunately Flappist is right, it is not worth the hassle of pursuing. It's kind of like bidding on a house at an auction, then winning the auction and just wandering off. There is nothing that anyone can do about it, thought about doing this to a few real estate agents that ****ed me off in the course of buying my first house, but sanity prevailed as I remembered I may need to sell said house one day.

Quote:

Originally Posted by flappist

Compensation? There are too many people watching Ally McBeal reruns...

1) Ebay is not binding under Australian law
2) Any person has the right to reneg on a sale unless there is a SIGNED formal contract and even then it is not all that hard to get out of it.
3) The only people who ever say "I will contact my solicitor" never actually have much to do with solicitors. If you do start an action in mags ct you will have to pay you fees (up front) with will be several thousand dollars and IF you actually force the guy to sell it to you, you cannot get costs awarded you will just wear have to wear them.
4) Go anywhere near him and/or threaten him and you will end up in jail or at best on the wrong end of an AVO which means you become just a little bit above a child molester as far as many people (including your potential customers) are concerned.

Just let it go and buy another one somewhere else.

bcr2734 · 14-09-2009, 09:27 AM

Quote:

Originally Posted by flappist

Just let it go .

I think you should take some of your advice.

bcr2734 · 14-09-2009, 09:28 AM

Quote:

Originally Posted by Swamp Rat

I was the winning bidder of a little truck on ebay,so i sold my other truck to get the rest of the funds to register it and get it home.2 days after the auction ended i went to pay for and pick up the new one,i rang him this morning to make sure it was ok to pick up at a certain time,no problem.i get there and he tells me the bloke who lost to my bid rang him and offered him 100 bucks more so he sold it to him...so i kicked one of his garden knomes across his lawn and threw another at him....now i own a small transport business with no transport vehicles.

has this happened to anyone else before?

P.S if anyone has a mid 0's f100 roller that needs a motor and box id greatly appreciate it

Sorry to hear about this. Chin Up

Brian

Swamp Rat · 14-09-2009, 09:42 AM

Quote:

Originally Posted by naddis01

What year F100 are you after?

preferably early to mid 80's style or late 70's

73XBGT · 14-09-2009, 11:38 AM

Quote:

so i kicked one of his garden knomes across his lawn and threw another at him...

LMAO at that one...

But what that guy did was wrong..sure i've sold cars on ebay before, and i didnt sell it as much as i wanted for it, and the bidder who got out-bid on ebay calls me up and offers more than what the guy who won the auction has to pay. But as much as i wanted to accept his offer, and tell the other guy "too bad its gone" i didnt..its called being fair and doing the right thing, thats bull*%*! what this guy has done..take it to ebay, they can get law involved.

_2:

FORCED F6 · 14-09-2009, 12:51 PM

As we all know, people sue and get compensated for stupid things even and we see this on the news, papers etc... Although it is a contract (thru ebay) when bidding and winning an item, if the seller refuses to sell or has sold it to another, than you can seek compensation if you were to prove that you weren't able to buy another car like his for that price or cheaper... Again, do you really want to take it that far? It would be annoying and the time & hassle but as mentioned above, its really not worth the trouble and look elsewhere... Goodluck with the search and hopefully you find something better... Oh, and let me just say, its not bad luck what happend to you, we say that it was meant to be for another good reason that this happend, if you know what I mean...

Oz

ltd_on20s · 14-09-2009, 02:42 PM

off the ebay user agreement policies page

"When you enter into a transaction you create a legally binding contract with another member, unless the item is listed in a category under the Non-Binding Bid Policy (located at: http://pages.ebay.com.au/help/polici...nding-bid.html) or the transaction is prohibited by law or by this Agreement or our Policies. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site. If another member breaches any obligation to you, you - not eBay - are responsible for enforcing any rights that you may have."

ebay won't get involved

BUT

if i were you buddy bust your chops to grab another vehicle asap, then just to make him feel the pain send him a demand for the difference in cost of your new vehicle if it is higher then what you would have paid for his vehicle.

you definately have a case if you wish to deal with it but only on the difference in amount if you can prove you could not find another vehicle as cheap.

Gaz · 14-09-2009, 04:15 PM

It *can* be taken through court, but it depends what price you are looking at.

http://www.cvlawyers.com.au/Publicat...=1276#article2

Slightly different circumstances, as it is a special case, but in particular because you were buying for a business and sold your other vehicle you could potentially claim for loss of earnings and other things that go with it. A key in the above case was the contact after the auction to confirm the sale and other items such as inspections.

It's possible, but if we aren't talking huge numbers it's less probably to succeed.

kyro_02 · 14-09-2009, 08:06 PM

Quote:

Originally Posted by Swamp Rat

...so i kicked one of his garden knomes across his lawn and threw another at him....now i own a small transport business with no transport vehicles.

lol would have loved to see that, poor defenseless little knome!

i would take it further, it is binding contract, unless (i guess) they state "I reserve the right to blah blah" but even then it should still be a contract.

less people like this on ebay, the better my ebay experience will be

4Vman · 14-09-2009, 08:12 PM

Quote:

Originally Posted by flappist

Compensation? There are too many people watching Ally McBeal reruns...

1) Ebay is not binding under Australian law
2) Any person has the right to reneg on a sale unless there is a SIGNED formal contract and even then it is not all that hard to get out of it.
3) The only people who ever say "I will contact my solicitor" never actually have much to do with solicitors. If you do start an action in mags ct you will have to pay you fees (up front) with will be several thousand dollars and IF you actually force the guy to sell it to you, you cannot get costs awarded you will just wear have to wear them.
4) Go anywhere near him and/or threaten him and you will end up in jail or at best on the wrong end of an AVO which means you become just a little bit above a child molester as far as many people (including your potential customers) are concerned.

Just let it go and buy another one somewhere else.

Or Judge Judy.....

As Flappist has pointed out, there's no legal position on this, you can't force a sale if the seller decides to reneg unless you have a signed legal contract, best to leave neg feedback and find another to buy, good luck with the search.

ltd_on20s · 14-09-2009, 08:18 PM

in SA verbal contracts with a witness are still legally binding....

Laminge · 14-09-2009, 08:22 PM

Quote:

Originally Posted by flappist

This is Australia not USA, he decided not to sell to you, life goes on....

EBAY can ban him and he will be back on in 20 seconds with a new email (just like AFF) and in the big picture EBAY do not care as long as they get their percentage.

One thing Ebay doesnt have is the lovin I can give to anyone trying to get back after they are banned.....

Swamp Rat · 14-09-2009, 08:33 PM

well next time i wont sell my car until the next one is in my driveway

Bmobile · 14-09-2009, 08:35 PM

Befriend him, become mates, and move on.....Mewrhahahahaha

dan76n · 14-09-2009, 09:44 PM

Whats his user name so I know not to buy anything off him in future?