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