I'm feeling scammed... seller makes excuse for not sending item

[robayres88]

I purchased an item on June 2, 2018 for $125.00.  The day after completing the purchase I received a message from the seller stating that he had a family emergency, needed to leave town, and he that could not return to package and ship the item until June 12, 2018.  He said that if this did not work out for me that he would cancel the order at my request.  When I replied that it didn't work out for me, he then said that he could not cancel the order until he returned from his family emergency on  the 12th. 

Should I agree to a "cancelation at my request?"  Are there ramifications to agreeing to this kind of a cancelation? What is the proper eBay protocol to follow in order to receive a prompt refund under these circumstances?  Thanks for any feedback.

[kattinsanity]

Did you receive the messages through ebays message system?  If the seller was able to send you messages he surely was able to access his ebay and paypal accounts to cancel the transaction and to refund your money.  It will not hurt you in any way if the seller states he is cancelling the transaction at your request.  The 12th is only 3 business days away and if you can't wait that long it would be accurate that it is being cancelled at your request.

[the_vinyl_minimalist]

Cancel and run

[gkyn29]

In the time it took him to reply, he could have cancelled the deal.

[pburn]

---

@gkyn29 wrote:

In the time it took him to reply, he could have cancelled the deal.

---

In the time it took him to reply, he could've packed up the item and shipped it! 

[gkyn29]

---

@pburn wrote:

---

@gkyn29 wrote:

In the time it took him to reply, he could have cancelled the deal.

---

In the time it took him to reply, he could've packed up the item and shipped it! 

---

OP's situation actually sounds like one of those payday loans without interest.

[penguins_dont_fly]

@robayres88

You purchased on June 2nd, right?

The estimated delivery date should be close (if not passed by now) if this was a domestic seller.

File an INR as soon as you can.

The seller could have cancelled at any point ... if he had access to messages, he had access to the cancel button 

[robayres88 · Accepted solution]

Thank you all for your helpful responses.  Yes, his written messages have all been through eBay, so he could have, and still can, cancel at any time.   It then appears to be on me, as the buyer, to agree to the cancelation for one of three reasons... one of which is "Buyer requests cancelation".  Also, PayPal still holds my funds, as they don't release them until receipt of shipped item is confirmed.  eBay customer service is going to send a message clarifying the process for him. 

BTW ... eBay  customer service has been great both times I've spoken to them... very well versed and helpful.  I was put in touch with a live representative within 30 seconds of placing the call for help... sounds like a promo for eBay, right? 

[penguins_dont_fly]

---

@robayres88 wrote:

Thank you all for your helpful responses.  Yes, his written messages have all been through eBay, so he could have, and still can, cancel at any time.   It then appears to be on me, as the buyer, to agree to the cancelation for one of three reasons... one of which is "Buyer requests cancelation".  Also, PayPal still holds my funds, as they don't release them until receipt of shipped item is confirmed.  eBay customer service is going to send a message clarifying the process for him. 

BTW ... eBay  customer service has been great both times I've spoken to them... very well versed and helpful.  Their phone # is 1-866-540-3229 for anyone seeking help... and I was put in touch with a live representative within 30 seconds of placing the call for help... sounds like a promo for eBay, right? 

---

Cancels cannot be initiated by a buyer ... they can only come from the seller.

The seller has 2 choices ... Out of Stock or Buyer Requested. And the cancellation is immediate, the buyer no longer has to "agree" to it.

Funds are only held for new sellers ... the buyer has nothing to do with it.

A new seller has a 21 day hold on their funds.

That hold lessens as the seller gets some experience under their belt ... and the hold can be released 3 days after the item has been scanned "Delivered".

If this seller is brand-spanking-new, then his money is probably on hold ... but that does not mean that he could not cancel the order.

You asked how to get a speedy refund ... open the INR.

[mycarolinavintage]

Ditto to opening the INR. Do it now.

............................................................

energy flows where attention goes

[7606dennis]

I won't bore everyone with the reasons why PayPal's 21 day hold may be legally questionable in some cases since I've mentioned it on numerous other occasions.  However, I would have a tendency to give the seller the benefit of the doubt with regard to his claim of a family emergency.  Alas!  They do occur and often at the most inconvenient times.  I've had deaths in the family, family members involved in traffic accidents, having emergency surgery, etc. and have had to cease business operations temporarily because of such things.  Thankfully, my clients were, for the most part, understanding.

Frankly, since the seller, after explaining the circumstances, has offered the option of the OP cancelling the transaction if they weren't willing or able to wait for the delay.  Personally, I would agree to wait or cancel depending on what best fit my needs for the item.

With regard to filing an INR claim, unless the delay would put the transaction outside of the MBG time limit, I would not file one at the present time.  If I was unable or unwilling to wait, I'd opt for the cancellation.

Of course, the OP could not file an INR dispute until after the last estimated delivery date anyway.

[dougsue123b]

He probably spent the money and needs to wait until  he gets paid, ebay will cover him though.

[missjen831]

---

@7606dennis wrote:

I won't bore everyone with the reasons why PayPal's 21 day hold may be legally questionable in some cases since I've mentioned it on numerous other occasions.  However, I would have a tendency to give the seller the benefit of the doubt with regard to his claim of a family emergency.  Alas!  They do occur and often at the most inconvenient times.  I've had deaths in the family, family members involved in traffic accidents, having emergency surgery, etc. and have had to cease business operations temporarily because of such things.  Thankfully, my clients were, for the most part, understanding.

Frankly, since the seller, after explaining the circumstances, has offered the option of the OP cancelling the transaction if they weren't willing or able to wait for the delay.  Personally, I would agree to wait or cancel depending on what best fit my needs for the item.

With regard to filing an INR claim, unless the delay would put the transaction outside of the MBG time limit, I would not file one at the present time.  If I was unable or unwilling to wait, I'd opt for the cancellation.

Of course, the OP could not file an INR dispute until after the last estimated delivery date anyway.

---

Ditto what Dennis said about family emergencies. My MIL passed away last Friday morning, and thankfully while I didn’t have any sales to ship out, I can honestly say that if I had, I would have forgotten all about them. There are a lot of things I needed to get done last Friday and over the weekend and I still can’t remember what they were!! From Saturday morning until yesterday life has been one big emotional blur, things have nonstop. The gardener came last night to get his check and it was only then that I remembered that i was supposed to go to the credit union last Friday and order more checks because we are all out! So when in doubt, please give your sellers the benefit of the doubt. They are only human and things happen. 

[penguins_dont_fly]

Dennis and Jen ...

I'm all for giving them the benefit of the doubt ... but ...

Seller answered the ebay message and offering to cancel. OP agreed ... and he did not cancel...but still answered the message.

If he can answer the message, he can cancel.

[missjen831]

---

@penguins_dont_fly wrote:

Dennis and Jen ...

I'm all for giving them the benefit of the doubt ... but ...

Seller answered the ebay message and offering to cancel. OP agreed ... and he did not cancel...but still answered the message.

If he can answer the message, he can cancel.

---

If he can only access eBay/PayPal from a Mobile device, he may not know how to cancel the transaction. He might be responding from his phone.