Is Auction a contractual obligation?
Summary: newyork11106 argues that auctions on eBay should be treated as binding contracts, with both parties obligated to fulfill their roles. They express frustration with sellers who cancel transactions after claiming items are out of stock, suggesting that such behavior should result in account deletion. Other participants, including mudshark61369 and powell-collectibles, clarify that while there are consequences for non-compliance, eBay cannot enforce deliveries and typically only refunds payments. monroe67 and mam98031 note that sellers face penalties for repeated cancellations, but that doesn't always address the immediate issue for buyers, leading to a debate over whether eBay should enforce stricter policies.
In my comprehension Auction is a contractual obligation. I am obligated to pay if winning the Auction. Seller is obligated to ship to whomever the winner is. They can't change their mind after they receive the payment due to "low price they think they got during an Auction". They also can't come and say: "Oh, we can't find an item, now that we showed it for 6 days as a legitimate listing, Sorry."
These accounts ought to be deleted from e-bay as fraud. Let me know your thoughts on the subject. Thank you.
mam98031
·1 month ago@newyork11106 Clearly you have been on the wrong end of this type of transaction too many times. As a long time seller, I do apologize for that. Sellers should not be behaving like that.
With that said, Ebay does track and SANCTION sellers for too many transaction Cancellations for out of stock, which is usually the reason a seller will use if they are OOS, item is damaged or the price was lower than they want to accept. Ebay really doesn't like these types of cancellations and sellers can only have a few of them over a period of time before Ebay will step in and start to restrict a seller in various ways, up to but not solely, taking away their selling privileges.
Now as a buyer, you get an email from Ebay when a seller files for a Cancelation of a transaction. In that email it states the reason the seller used. If it EVERY states and untruth, like the buyer requested the cancellation, PLEASE make sure you report that seller to Ebay as it is a violation of policy. While you will not receive a report from Ebay as to what steps they took, it is the way to put the seller on Ebay's radar for sanctions if they get too many.
https://www.ebay.com/help/buying/resolving-issues-sellers/reporting-item-issue-seller?id=4022
newyork11106
OP1 month agoOh no, I received report from e-bay: "What happened:
We looked into your report and didn’t find the listing to be in violation of our policy. This determination was made by a customer service agent."
eburtonlab
·1 month agoThe problem is not the listing; the problem is the seller does not deliver what is purchased.
That is not something that someone can determine by looking at the listing, which is why you should report the seller rather than the listing.
https://www.ebay.com/help/action?topicid=4022
newyork11106
OP1 month agoNo, this is not an inventory issue. This is an AUCTION! So the problem IS the listing. If you put an item for an AUCTION for 6 days, by doing so you just certified:
1) Item is legitimate (see description and pictures)
2) I (as a seller) ready to perform on my side of the obligation. (wait till the end, collect payment, ship item)
After you pressed that SUBMIT for an Auction button, you are an obligated for a certain performance.
===========
If it's a store near me, I can compel performance from them by taking them to court. Here I have to file a complaint with Customer Service to which they respond "nothing to see here".
eburtonlab
·1 month agoNo one at eBay can look at the listing and determine whether the seller will ship or not.
Report the seller directly if that happens, not the listing.
newyork11106
OP1 month agolooks like you have a problem with cause and effect. Any listing on e-bay should be legitimate and under CONTRACTUAL OBLIGATION. I don't care what seller does after they submitted the listing. They are responsible for their performance. And since e-bay hides their PERSON (that is name and address), e-bay just posed as an AGENT in such transaction. And responsible as an AGENT!
powell-collectibles
·1 month agoSure, it is a contractual obligation. But just like a sale that isn’t on eBay if the seller doesn’t go through what is the recourse? The rec courses did you get your money back. That’s it. No one is going to force the seller to send the item to you. Just like if you bought something for pick up from a local store and they didn’t give it to you no one is going to force them to do that. You’ll get your money back – that’s making you whole.
newyork11106
OP1 month agoNope, recourse can be COMPELLED PERFORMANCE.
1) It's not like someone had a bunch of items for sale, forgot to do inventory in 5 months so item is not available.
2) Auction is a deliberate portraying of an item as legitimate listing. So a seller can't use "unavailable card" as a polite way of saying "I didn't get my price point". So E-bay can later come up and say "nothing to see here".
3) There is ways to compel performance, so e-bay should come up with a way to do such thing, even if they have to take collateral from the seller that was reported on for such practices and give it to buyer as a compensation.
5) Simple "here is your refund" doesn't solve the issue. Why does e-bay thinks that wasting people's time on illegitimated listings is a way to do business.
monroe67
·1 month ago · EditedYou are absolutely correct that eBay auctions are contractual obligations, on both parts.
Unfortunately, it happens way, way, waaaaaaay too often on eBay --
especially by newer sellers who don't understand the way eBay works --
that sellers cancel auctions and buy-it-now listings after the buyer has paid.
That does not mean that eBay thinks it's OK for sellers to cancel their sold listings.
"These accounts ought to be deleted from e-bay as fraud."
eBay does not cancel or delete selling accounts for one "Out of Stock" cancellation.
Each cancellation for "Out of Stock" gets that seller a Defect on his selling record.
Enough Defects and eBay can charge higher Final Value Fees (FVFs) to that seller.
Continued cancellations due to "Out of Stock" or "Problem with Address" can result in eBay's suspension of that seller.
mudshark61369
·1 month ago@newyork11106 ,
While bidding on an auction does create a contract between the bidder and seller, eBay has no way to force a seller to ship the item or to force the bidder to pay for it. Neither party walks away unscathed if they do not hold up their end however.
The seller gets a defect on their account may have to pay the final value fees and if they keep doing it they do get removed from the site.
Buyers get an unpaid item strike and receiving 2 within a year, can cause them to not be able to buy from or bid on sellers who have set up an automatic block, for buyers that have received 2 unpaid item strikes in the last 12 months.
Usually, it is new or inexperienced sellers who take ebay's poor advice to; Start auctions at a low bid price to encourage bidding, which often does not work out well for the seller. Also if the seller is new to selling on the site, it is very likely that they do not know about the 30 day payment hold ebay places on new or very occasional sellers payments. On the seller's account the payment status shows Pending, so they often do not ship or respond to questions.
That is just one reason why buyers should check the feedback profile page of each seller they intend to buy from before bidding on or buying their items.
newyork11106
OP1 month ago//eBay has no way to force a seller to ship the item or to force the bidder to pay for it.
Ebay has our cards/accounts on file. So if E-bay has no way to force buyer to pay, why would message about "automatic payment processing in an hour turns on" right after auction is won? So they do have a way to charge our accounts, yet seller can waste my time, cancel the item after receiving a payment, and e-Bay just responds: "
What happened:
We looked into your report and didn’t find the listing to be in violation of our policy. This determination was made by a customer service agent.
Such a lovely business model!
eburtonlab
·1 month agoCards on file only allow payment to be withdrawn if the seller requires that a payment method be provided as a condition to place a bid or make an offer. Otherwise, eBay cannot initiate a payment without authorization except to refund a payment that has already been made.
newyork11106
OP1 month agoSo seller request can initiate payment withdrawal from a buyer card/account. But buyer is protected how? Why buyer request can't initiate compensation withdrawal from seller card/account. You want to start an auction(!!!!!!!!!!!!!!!!!), put $50 in escrow as collateral. So if you don't ship, your collateral goes to buyer (with e-bay taking its 10% as middleman who set up the rules and does nothing)
eburtonlab
·1 month agoSeller cannot force the buyer to pay, the buyer has to initiate the payment.
But the seller can require the buyer to provide payment details and authorize payment if the buyer wins the auction as a precondition of bidding if the seller chooses to do so. The seller has to actually set that up in the buyer requirements, though.
newyork11106
OP1 month agoThen don't call it contractual obligation. Just like a woman can't be half-pregnant, if it's a CONTRACTUAL OBLIGATION there are a consequences. Not just "nothing to see here."
If e-bay takes on itself role of a rule setting and a judge (cause it doesn't disclose name and address of the person entering into the CONTRACT), therefore e-bay is responsible party (just like an agency would be) for the fulfilment of the CONTRACT.