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OT eBay - I'm a non-paying bidder, now what?

AndyF

Stainless
Joined
Nov 3, 2003
Location
Phelps, NY, USA
Long story long, I bought a small tractor on eBay a few weeks ago for a little over $6,000 and didn't do adequate due diligence on the seller. The tractor is approx. 500 miles away in Southern Ohio, and the price was fair, but not a real bargain. The tractor is for work on farm, not a collector machine. I contacted the seller within 24 hours to make arrangements and had goofy conversation - I tried to schedule time to pick up within two weeks he didn't acknowledge scheduling of pick-up only that he wanted his money in 7 days. Several phone calls later I've scheduled pick-up for Friday, 5 days after auction ends. Between the first phone call Monday morning and scheduling pick up on Wednesday I've also had a family emergency which required travel to Chicago and lots of contact with doctors and insurance companies.

Morning of pick-up I'm staying with family ~2 hours away and weather forecast is for >12" snow and freezing rain I call the seller and say its a no go for today based on the forecast and tell him that I can reschedule for the following week, he doesn't like this and again goes into tirade about wanting money, that I'm trying to screw him, he knew from the first time I called that I would screw him and on and on and than either he loses his cell connection or hangs up on me. I call back and leave message - here are options, If you didn't hang up on me and can behave as an adult doing a business transaction, I can come back next week when there shouldn't be a weather emergency and pick up and pay (assuming machine is as described in eBay listing) or since I won't be paying within 7 days, we can cancel sale and I will pay listing fee. He calls back and is conciliatory, claims a bad cell connection and requests a deposit. I'm not really comfortable with this, but agree. I get home early Saturday morning after a long drive through a bad winter storm and have problems with computer, email and am still dealing with medical stuff, but once everything is working get an email from eBay Sunday evening that he has filed a non-paying bidder report on me. I email him through eBay's system reconfirming that I will send the deposit, Paypal the deposit and desired pick up dates, March 15, and get an email from him that he doesn't want deposit, he wants entire payment, but no comment on whether I can pick up the tractor on the 15th. I email back to return the deposit and call me. Two days later the deposit is returned, but no call. I called on Thursday got his voicemail and let him know that I could pick up on Saturday (yesterday) but never heard back.

So, from my perspective I've tried to pick up on two different dates, sent a deposit which was returned and haven't had any success in dealing with this guy. From his perspective, he probably thinks he is dealing with a deadbeat flake who is trying to jerk him around and won't send in full payment on the tractor. Now, I'm at the point where all I want to do is cancel the purchase. So, any words of wisdom on next steps here. My personal impressions of the seller so far aren't positive and his feedback includes 5 negatives, several neutrals and several mutually withdrawn for items he has sold. He has feedback for approximately 500 transactions including many where he was the buyer and usually has 10+ pieces of equipment listed for sale each week.
 
What were the terms of payment laid out in the original auction? Was any mention made as to payment within a certain time frame, deposit vs payment in full, etc?
 
IMO, if the listing said: Full payment required w/i seven days, then that's what that means, regardless of when you can pick it up.

Otherwise, you should have contacted him before you bid to set up alternate arrangements in advance. It sounds like this guy wouldn't go for that, but when nice people call me and ask for alternate arrangements, I do my best to comply.

Without knowing all the details I won't critize what you've done specifically, because I don't know that I'd send the money from the place you are. Objectively, however, from the info you've given, you owe him the money.

Can you ignore the ebay repercussions temporarily, call and say: I'll be there one of these three days, you choose, with $6000, and close the deal?

Good luck with this,

James
 
What were the terms of payment laid out in the original auction? Was any mention made as to payment within a certain time frame, deposit vs payment in full, etc?

Original terms were payment in full within 7 days. This was my original intent, but for $6,000 I am not willing to send money sight unseen and the winter storm forced me to change plans. When the storm prevented me from picking up within 7 days I thought we had agreement on me sending in a deposit, with balance due at pick up, but the seller changed his mind and returned the deposit demanding full payment. The seller has also been unresponsive as far as arranging for pick up. He can find time to email me demanding payment, but doesn't respond to my requests to confirm a pick up date.
 
Seems to me that this is not a "must have" tractor for you, and that you have made many reasonable efforts to hold up your end of the transaction. It is unfortunate that there are folks out there who can't be bothered to communicate clearly, but since you have made several attempts to do so, and the seller is not willing to work with you, I think you need to take whatever negative comes your way and chalk it up to experience.

--Larry
 
Big deal.....

I've obtained a lot of great things on Ebay and have 100% positive feedback, BUT....I made up my mind that I can always walk away if the situation developed like you describe. After all, what are they going to do....ban you from Ebay? Oh whoopie doo....hardly the end of the world. Besides, if I were going to buy something like a tractor you can damn well bet it won't be based on the seller's description alone. You have an opportunity to reply to his tirade so just state the facts, "unable to arrange satisfactory pickup date, seller agitated" or something of that nature. It's not like it will affect your life....just blow it off.
 
Original terms were payment in full within 7 days. This was my original intent, but for $6,000 I am not willing to send money sight unseen...

You should not have bid. The auction terms were there: Payment in full. Apparently you were never going to agree to those terms, judging by the fact you are not willing to send money sight unseen.The terms were not payment after you personally inspect and decide if it's right for you.

Some people think they can show up and renegotiate or back out of what has always been regarded as a done deal. It's a common problem, apparently.


I admit I wouldn't send the money in advance of pickup now, in this specific situation, even though I believe you to be in the wrong.

Chalk it up to a mistake, take the neg, and move on.

-James
 
He sounds like he is more anxious to get the money than to sell a tractor and see it moved safely. Let him keep it. Dont worry about the negative, its already done.
 
Leave him feedback that he is unwilling to schedule a pickup time or to take your payment. The storm is considered a "act of god" and the payment/pickup should be extended without penalty to either party.
Bill D.
 
Original terms were payment in full within 7 days. This was my original intent, but for $6,000 I am not willing to send money sight unseen and the winter storm forced me to change plans.

Then those were the terms you agreed to when you bid on the tractor. The snowstorm has nothing to do with the fact that you had no intention of complying with those terms in the first place.
 
Original terms were payment in full within 7 days. This was my original intent, but for $6,000 I am not willing to send money sight unseen and the winter storm forced me to change plans. When the storm prevented me from picking up within 7 days I thought we had agreement on me sending in a deposit, with balance due at pick up, but the seller changed his mind and returned the deposit demanding full payment. The seller has also been unresponsive as far as arranging for pick up. He can find time to email me demanding payment, but doesn't respond to my requests to confirm a pick up date.
From your opening description you stated that the deal was not really a bargin price for the tractor, so I have to ask you, Did you truly want the tractor?
You saw the terms of payment in 7 days before you bid. You don't trust him enough to send him $6K? Then why should he trust you to show up?
This sounds like a bidder who has buyers remorse to me. If you want to square things up....pay the man now.
If you don't, then please do not bid on Ebay again unless you are prepared to follow through with full payment. With too many of these kinds of transactions Ebay will not stay in business. A man gives his word when he bids and a man should stand good on his word. I think John Wayne said something like that.....pg
 
Andy, you're in the wrong. As others noted, the terms were payment within 7 days . Not 7 days except if you have good excuses.

Moreover, the auction was for the purchase of a tractor - not the right to go look at the tractor once you own the bid and then you could decide if you really wanted it.

It's clear from the tone of your post you were/are not serious about wanting to own the tractor. Two or three times you say, "I don 't even want the tractor'.

You wasted the seller's time and money. I hope the deposit which you never get back is enough to compensate him for that.
 
Gregsy,

He got the deposit back.

Andy never mentioned getting - feedback only that a nonpaying bidder complaint was filed. The seller had 500 transactions with 5 -'s which puts him at 99% which is a good rating. You mentioned he often has 10+ pieces of equipment for sale at any given time so he obviously has experience selling and dealing with buyers in similar transactions. He established his terms based on his experiences and desires and seems to have been quite clear based on your own description.

IMHO, the fault lies on your side since you haven't gotten the full payment to him according to the auction terms regardless of aditional circumstances.

My suggestion to you would be-
Respond through eBay's dispute console and offer payment in full at the time of pickup in very short order. Nothing that has transpired gives you the right to just walk away although it does for the seller.

As other's suggested, if you aren't willing to comply fully with a seller's terms either contact them prior to bidding and make alternative araingements or don't bid.
 
I think it's a bit silly to say, "well, you had an agreement!!! NO excuses!"

Obviously life can interfere in any plans you may have. It's not unreasonable to view the machine and verify what he's saying is true before handing over $6k. In any eBay deal, the agreement is only valid if both parties are honest, you have a right to verify that he's being honest. What if you get there and the tractor is a rust heap and the pictures are ten years old?

I think that if a winter storm with a heap of snow is not considered reasonable grounds for rescheduling, well, I don't know what the heck would be.

Sounds like the guy is being ridiculous to me and you're clearly in the right. Frankly I'm surprised there's even a question, based on what you have written.
 
I think that if a winter storm with a heap of snow is not considered reasonable grounds for rescheduling, well, I don't know what the heck would be.

That's an absolutely great, fabulously, fantastically and incredibly justifiable reason to reschedule a PICK UP DATE but has absolutely nothing to do with sending the man his payment according to the terms of the sale.
 
That's an absolutely great, fabulously, fantastically and incredibly justifiable reason to reschedule a PICK UP DATE but has absolutely nothing to do with sending the man his payment according to the terms of the sale.

It may be convenient to ignore bits of a post, but not useful.

In any eBay deal, the agreement is only valid if both parties are honest, you have a right to verify that he's being honest. What if you get there and the tractor is a rust heap and the pictures are ten years old?

His side of the deal was to send the money, the seller's side was to show that his statements regarding the item were truthful.
 
I think it's a bit silly to say, "well, you had an agreement!!! NO excuses!"

There's plenty of verbiage on ebay about a bid being a contract to buy. How fair is it to other bidders who may have done their due diligence beforehand, and declined to bid or would not bid past a certain point?

The uncertainty of "whether of not it's a rust heap" should be part of the calculation of the amount that the bidder is willing to bid.

People like this are one reason that there are no bargains to be had on ebay anymore - you can bid through the roof, in bad faith as far as adhering to the terms and conditions of the sale.

People who want to play by the rules are left behind.
 
It may be convenient to ignore bits of a post, but not useful.



His side of the deal was to send the money, the seller's side was to show that his statements regarding the item were truthful.

I'm sorry, but I don't see that anybody has offered one bit of eveidence the tractor isn't exactly as described. I find it incredible that anybody would think going back on a bid and won item is somehow excusable. Give me a break!
 








 
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