What? Seller won't sell me the item that I won!

[thefox]

OK, I bought an exhaust for my Yamaha a few weeks back off ebay, got it in fine and left feedback. Now last week while checking out ebay I found an engine for the Yami from the same seller (jbobon7). The engine was supposed to run well and since the exhaust I got was just as described I figured I would take the chance. The engine had a starting bid of $20 and a buy-it-now of $100. I email the guy to see about pick up and he said it would be fine and if I used the BIN he would meet me about an hour closer to my place. I figured that I might be able to get it cheap so I just placed a bid. Sure enough on Sunday I won it for $20! I paypaled him the money and asked when I could pick it up. I just got an email back with a paypal refund; this is what it said...

"Sorry but the engine I sold was my brothers and I. He wanted me to sell most of
our items but he wanted to keep this engine. Sorry but I have to refund your
money. I will leave posative feedback for your troubles.
Sorry about that !"

What? Sounds like he just didn't want to sell an engine for $20! Not that I blame him but he was the one that set the starting bid. Here is the auction, http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4594184055&sspagename=STRK%3AMEWN%3AIT

What would you do?

[Billy Golightly]

I had a very very similar thing with an elka shock I bought on ebay, http://www.3wheelerworldforums.com/showthread.php?t=33473

[350x'inNY]

I'd tell him that ebay is a binding contract.... that you won the item. If he has a problem with that, then report him to ebay.

Bruce

[84250r]

Leave him negative feedback and contact ebay.

[LonesomeTriZ]

Leave him negative feedback and contact ebay.

Yep. You can file a complaint and see what happens.

[82300R]

i have a similar situation, about three weeks ago i won an assortment of bolts brackets etc,23.00 dollars or so. seller says shipping calculated after auctin end. i request total.nothing.wait req.again,nothing. email to see if there is a problem,nothing. maybe guy had some personal probs,so i still wait.nothing. trying to be fair but get his attention,i leave neutral feedback.nothing. i almost sent total minus shipping but didnt. i always try to pay as soon as posible cause im not a b.s. buyer. i just get the feeling seller dont want to let go of his bolts for 23.00 bucks. so instead of paying lots of old bolts.i guess i will end up with lots of nothing!

[thefox]

Well this is the email I just sent him, I will report him to ebay if I don't hear anything back.


I was under the impression that eBay was a legally binding contract, when I place a bid it says

"You are agreeing to a contract -- You will enter into a legally binding contract to purchase the item from the seller if you're the winning bidder. You are responsible for reading the full item listing, including the seller's instructions and accepted payment methods. Seller assumes all responsibility for listing this item. "

If you are not selling the engine because it ended at a low price you should have started the bidding higher, refusing to sell after the close of an auction is against eBay policy.
-Andrew

[82300R]

good luck, hope it works. i am still willing to pay for mine and retract neutral feedback and leave a positive. this is my first time dealing with a non selling seller. if he does not want to sell now or cannot for some reason, i would at least appreciate an explanation. thats what i would do.

[thefox]

Well it looks like it will go to ebay for them to ignore, this is what I got back..



Sorry I was not supposed to sell some of my brothers stuff. He wanted 1 of 4 engines I have sold. Most went from 20.00 to 40.00. I am not looking to get rich just clean up my shop ! I own a construction firm in Alexandria Bay and live on the St. Lawrence River so I am not looking to make a million bucks off Ebay lol.I have way to many parts in my shop as you can see in the picture. I tried to sell most but my brother came over and asked me not to sell the one I put on Ebay. Its not a money factor at all. I just sold something that was not mine. So I am pretty sure that it is not "legally binding contract" because it was not mine to sell in the first place. It would be selling stolen property so I would think and you would be receiving stolen goods ?

I am sorry for my mistake ! I returned your money in full. Be leaving positive feedback when you do. Happy Holidays !

John

[82300R]

keep on trying. sounds like a b.s. excuse to me.i heard from seller that i am dealing with last night. his excuse for no reply may be the case ,i dont know? but he still has not given me a total! all i want to do is pay for the ******* bolts. i have won,paid for and recieved at least four items sense this auction ended. so i can feel your situation.

[holmstrom]

Report it to ebay as a non-recieved item. Did you use paypal? File a complaint with them as well. I'm the high bider on 1 of this guys auctions for a pull start for my yt125, hope he doesnt screw me.

[thefox]

He sent back my money so i don't have to worry about that. I bought an exhaust from him not too long ago and the deal was fine, but I also paid $60 for it.

[thefox]

lol, maybe I should leave neg. feedback saying that he admitted to auctioning goods that weren't his.:banned:

[Blown 331]

My brother bought a 250SX rear end off ebay for like $13 or something like that. The guy said the shelf that the parts were on broke and the rear end fell between 2 walls and he can't get it out. At least he was original. lol.