Friday, May 9, 2008

Seller trys to change the eBay agreement

Dear eBay Queen;

I’ve been looking high and low for an antique bedroom set like my grandma used to have. I finally found what I was looking for on eBay. I made an offer to buy the bedroom set last week. The seller accepted. The auction terms were pretty clear in the eBay ad. It stated I must notify the seller within 24hrs to make arrangements for shipping or pick up, and a $500 deposit was due within 3 days. I called the seller to discuss arrangements. The seller asked me for my personal information, so he could send a purchase agreement for me to sign, and asked for a $500 deposit via PayPal. I told the seller that I would get this to them as soon as I was able.

I received the purchase agreement via fax, and there were several NEW terms on this agreement; one of which I was supposed to send him 500.00 within 24hours of our first contact, instead of the 3 days I was given in the auction. The other term that was different from the auction is that I am suppose to wire the money within 48 hours of initial contact, not the 5 calendar days that the auction states. After reading the new agreement, if I sign it, then I am legally bound by the new terms of the purchase agreement.

On the fourth calendar day, the seller called me and stated if he does not receive the purchase agreement signed and faxed to him the next day and the deposit by this Monday,he would come after me breach of contract and liquidated damages. When he stated this I considered that a threat, and no longer want to do business with him.This past Sunday I sent the seller an email stating that the offer to buy is void because he changed the terms of the auction. I contacted eBay Live Help and they told me I needed to work out things with the seller. If that did not work, I was to contact Trust & Safety. I told eBay that I do not want to complete the sale and would like to file a complaint against the seller for changing the conditions of the sale. In the meantime, the seller replied to me via email on Monday that I did not follow thru on terms of the auction and further communication will come from their attorneys. Today I got an email from eBay for an unpaid item dispute.

I have a couple questions for you: Do I have a legal obligation to the auction based on what just happened? How long does it take for Trust & Safety to respond? Does Trust and Safety usually side with the seller?I look forward to hearing from you,Ed

Dear Ed;

What a nightmare for you! This seller has lost their mind! As I am sure you know, bidding on an eBay transaction is a legal binding contract. http://pages.ebay.com/help/buy/bidding-ov.html . However, the seller changing the terms of that sale after the fact is wrong.

I’m not sure why this seller would say he is going to take legal action against you for not completing the transaction. That would only seem to aggravate this problem and tie up the bedroom furniture so that he would not be able to sell it. I would say he is mostly likely just threatening you. This seller has really put himself out on a limb by wanting you to sign a purchase agreement and by threatening you. I don’t even know why you would need a purchase agreement on bedroom furniture!

You have done the right thing by reporting him to Trust & Safety. It will probably take a few days for T&S to respond back to you. During this time make sure you respond to the Unpaid Item Dispute. List the problems you are having, and why you are uncomfortable about completing this sale.

I am really sorry this happened to you. Remember that not all eBay sellers are like this guy.


Strange eBay item of the week: eBay item 260233479833 (enter this number in the eBay search box in the top right corner of the eBay homepage). I’m not sure why this is so collectible. Maybe it’s because it’s Von Dutch, or maybe someone collects flying eyeballs. Von Dutch The Flying Eyeball Sign. SOLD $15,000.00 http://cgi.ebay.com/ws/eBayISAP.dll?ViewItems&item=2602333479833

Friday, May 2, 2008

eBay Buyer demands Feedback or else

Dear eBay Queen;

I’ve been reading your column for quite a while now. I know you’ve covered several feedback issues, but I don’t remember you covering anything like this. I buy 5-10 things a week on eBay, and it seems like sellers are more desperate than ever to get feedback! Each seller is a bit different, but they all expect me to leave feedback first. I am tired of these types of sellers and their attitudes. I have decided to send all sellers that ask me to leave feedback for them first the following letter:

Dear Seller,

Thank you for you email and letting me know the status of my order. I understand and acknowledge you would like for me to leave you positive feedback. My question to you is WHY should I when you, as yet, have not done so for me? After all, I fulfilled my end of the bargain when I paid you in full via PayPal. When you leave positive feedback for me, (as you should since my obligation to you has been met by paying you,) and when I receive a quality product (as described in your eBay ad,) then I will consider giving you a positive feedback. If you don’t want to meet my demands, there will be no hope in ever seeing feedback from me.

Do you think my wording is too strong? My good friend sells stuff on eBay and he thinks I should just let it go and give a seller feedback first. I am anxious to hear your opinion.

John G

Dear John;

As a buyer I completely understand your frustration with sellers not leaving timely feedback. When I am a buyer, I’ve always left feedback first, and even then it takes some sellers a long time to leave feedback for me. While I think your letter completely reflects the opinions of many buyers in the world of eBay, I don’t think it will get you the response you are hoping for from sellers.

As a seller myself, if I received your email, I would be a bit afraid to leave you ANY feedback as it sends up some red flags. Your comment on how you would “consider” giving positive feedback makes it seem as though you might be hard to please. From a sellers perspective your email has the potential to get more people riled up, than be sympathetic to your feedback plight. I’m going to side with your friend on this one, let it go.


Dear eBay Queen;

eBay is doing it again and it's not fair. I sell in the digital delivery category. I was totally unaware of the fact that eBay has banned all digital delivery items. I haven't been busted yet, but I guess I am going to have to stop selling my e-book. This is totally unfair. The e-book I am selling is a simple how-to booklet in PDF format. I wrote it myself and under copyright laws I have the right to sell it. How can I get around this rule? I keep telling myself I need to start a website to host my e-books. I am looking for something that would be an automatic steady trickle of income that really requires no interaction from me. I guess this new rule will give me the final push to do it.

Gerry

Dear Gerry;

eBay put the new digital download rules into effect at the end of March. This was a high fraud category for eBay, and adding these new rules was not to prevent you as a seller from making money, but to keep the site safer. The rules say that you can only sell digital downloads in the Classified Ad’s Section of eBay. I know lots of seller that are still selling their e-books but are now offering them on CD. This means you will have to burn the CD and mail the item, but it still will allow you to sell your successful how-to book. For more information on this rule check out: http://pages.ebay.com/help/sell/selling-digital-items.html

Having multiple venues in which to sell your items is always a good idea. I really encourage you to play within the rules of eBay’s digital download category and start your own website. You could even write an e-book on how you started your website.

Strange eBay item of the week: eBay item 310040576619 (enter this number in the eBay search box in the top right corner of the eBay homepage). Have you ever wondered what a painting of a Hamster would sell for? Check out Hamster The Bone Thief Original Art Painting SOLD $102.00 http://cgi.ebay.com/ws/eBayISAP.dll?ViewItems&item=31000576619