What to do

[greschr-14]

Seller said he sold after I won the bid. What can be done. He said he sold it locally.

[goldair1_4]

Nothing really.I suppose you can report him to ebay for selling an item he no longer has,which i'm sure is an ebay policy violation

Other than that,what else would you like?Finger nail pulling?Iron Maiden?The rack?Burning at the stake?

haha

It's very poor form from the buyer though

[kathiec]

You can report the seller for refusing to complete the transaction. But all that will do is possibly earn them a black mark on their selling account. Ebay can't force them to complete the sale to you, particularly since they quite likely no longer have the item.

[downunder-61]

Leave negative feedback and depending on the actual reason he chose to cancel you can report him.

[d-k_treasures]

Did you pay for it? That makes a difference on the path you can take.

[7606dennis]

You could sue the seller for failing to honor the auction agreement but this is usually not economically feasible in most cases.  If you have paid, I would file an INR dispute the day after the last day of the estimated delivery period.  Don't forget to leave appropriate factual feedback.

[kathiec]

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@7606dennis wrote:

You could sue the seller for failing to honor the auction agreement but this is usually not economically feasible in most cases.  If you have paid, I would file an INR dispute the day after the last day of the estimated delivery period.  Don't forget to leave appropriate factual feedback.

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If the buyer didn't pay or was refunded in full the only thing they can collect in court would be punitive damages. A small claims judge can't force the transfer of property. And to warrant punitive damages the conduct of the seller would have to be deemed negligent or malicious in the extreme. Not honoring an eBay sale because you sold it elsewhere will never rise to either of those.

[7606dennis]

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@kathiec wrote:

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@7606dennis wrote:

You could sue the seller for failing to honor the auction agreement but this is usually not economically feasible in most cases.  If you have paid, I would file an INR dispute the day after the last day of the estimated delivery period.  Don't forget to leave appropriate factual feedback.

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If the buyer didn't pay or was refunded in full the only thing they can collect in court would be punitive damages. A small claims judge can't force the transfer of property. And to warrant punitive damages the conduct of the seller would have to be deemed negligent or malicious in the extreme. Not honoring an eBay sale because you sold it elsewhere will never rise to either of those.

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That would depend upon the state in which the seller is operating and how strict their laws governing the conducting of auctions are and how vigorously they are enforced.  States with more stringent auction licensing laws tend to take such things more seriously.  For example, if the seller were to be a licensed auctioneer and/or auction business owner such things could result in serious consequences for them in some states.  Even if the seller is unlicensed and selling his or her own property, if they ever applied for an auctioneer license or auction business license it might be a problem getting one.

Of course, as I mentioned, it isn't usually economically feasible in most eBay situations.  Of course, a seller doing it too often here on eBay could definitely feel eBay's wrath.  Frankly, from what I see posted on the sellers board it doesn't take much for that these days.