Cancelled and refunded..help

[harrwhitehous24]

I’ve been selling an item on eBay and sold them elsewhere. Someone bought them elsewhere and then within an hour someone bought the item on eBay. I contacted the seller explaining the situation, apologised, refunded and cancelled straight away. The seller is now saying it is a legal right that he must have them even though I have refunded. 

Can I have your knowledge on this thanks.

[this*old*attic]

Um.... no. I’ve entered into a real estate purchase where the seller just refused to perform. 

And I’ve backed out of contract on my side.

No damage, I got my good faith back.

People love imagining they have a case.

If wishes were fishes, as Judge Judy says.

Life isn’t fair, and just because you “can” sue doesn’t make a case.

[fashunu4eeuh]

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@harrwhitehous24 wrote:

I’ve been selling an item on eBay and sold them elsewhere. Someone bought them elsewhere and then within an hour someone bought the item on eBay. I contacted the seller explaining the situation, apologised, refunded and cancelled straight away. The seller is now saying it is a legal right that he must have them even though I have refunded. 

Can I have your knowledge on this thanks.

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Listing an item for sale, and then selling it, creates a contract between you and the buyer. I think what your buyer is trying to say is that he purchased the item in good faith, and you the seller failed to meet your obligation to him to ship it.

He is also a bit confused if he believes he has a “legal right” to a refunded item. He either gets the item or the money, not both. While this mistake is regrettable, there is nothing more you must do for the buyer. No one can force you to ship, even if you still had the item. I see he has already left you negative feedback.

However, eBay is cracking down on sellers who cancel transactions without buyer request. It leaves a negative impression on buyers who then voice their disappointment by not shopping here in the future. As mistakes go, failing to complete the transaction is considered a big one by eBay, and you earned a defect on your account for doing it. Defects can alter your selling ability, from paying more in final value fees to outright suspension.

Write a professional response to the feedback left, with regret for your error and steps you took to rectify it. Don’t sound defensive or sidestep the blame. Take this as a learning experience, and immediately remove unavailable items in the future to avoid a repeat.

Best wishes to you and much smoother sailing as you move forward.

[myangelandmyprincess]

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@this*old*attic wrote:

Um.... no. I’ve entered into a real estate purchase where the seller just refused to perform. 

And I’ve backed out of contract on my side.

No damage, I got my good faith back.

People love imagining they have a case.

If wishes were fishes, as Judge Judy says.

Life isn’t fair, and just because you “can” sue doesn’t make a case.

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You can and with real estate as you mentioned is where those cases usually are.  Just because you didn’t do it doesn’t mean it can’t be done.     it applies to other contracts as well.  The damages are the loss between what the contract that was broken had as costs and what it would cost to have get what was in the contract somewhere else.  These can be won they are valid legal reasons to take someone to court 

[myangelandmyprincess]

I should say I don’t know anything about your real estate agreement.  You may not have had the option to sue for the price difference from the agreed cost and the current market value at the time of the breach.   It depends on the terms in the agreement, why it was breached, and if there was even a cost difference.  

Just saying because your situation didn’t involve suing doesn’t mean it can’t be done 

It can be done, it has been done, and some cases have been won.  

[xdrx]

I sell on ebay and elsewhere as well, sometimes, but the secondary platform is a forum or craigslist.  So if someone says they want to buy my item I immediately check to make sure it has not been sold or bid on through ebay. If not, I cancel the listing and complete the sale elsewhere. 

I think it is bad business to have dual postings where people can concurrently buy the same item resulting in the conflict listed here.  And I think canceling a transaction after someone buys your item is complete **bleep**.  If you do so it should be called out very clearly for potential future buyers to see.

[sin-n-dex]

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@myangelandmyprincess wrote:

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@this*old*attic wrote:

You can’t sue someone for cancelling a sale. There’s no way to prove any damages. Buyer has his money back.

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You sue for breaking a contract.   It’s not feasible though on eBay transactions.   

One thing that can be sued for is the difference in what they bought it for here and what it would cost to get another if that price is higher.  Or in a seller case the loss of money if the item now sells for less than when the bidder won.  

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Where you "can sue" or whether it's a "good idea" are two different things. So technically you can sue when there are damages and you are wronged. Doesn't make it smart.

For instance, I got nailed for a $300 junk removal fee because the seller of my house did not follow instructions and dispose of broken fridge and freezer. My agent told me I could sue him in small claims court. I did the math... what I get paid for a day at work, and how much I'll lose to spend a day at the Settlement Conference (required for small claims), and then another day for a trial, if it goes that far, and any appearances in between... my time at work is worth way more than recovering $300. Plus to put a point on it, I mainly blamed the real estate agent for not following up to make sure my instructions were adhered to.

But if you watch Judge Judy, people sue for a number of stupid things...

C.

[this*old*attic]

@myangelandmyprincess

LOLOLOLOL, sure.

Tell me.... you’ve gone to court on exactly how many contracts?

Because I’ve sued myself, or been the one sued 4 times. And I won every one.

Plus an over zealous Humane Society misdemeanor citation - won that one, too.

So, um, yeah. You run with that.

[myangelandmyprincess]

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@this*old*attic wrote:

@myangelandmyprincess

LOLOLOLOL, sure.

Tell me.... you’ve gone to court on exactly how many contracts?

Because I’ve sued myself, or been the one sued 4 times. And I won every one.

Plus an over zealous Humane Society misdemeanor citation - won that one, too.

So, um, yeah. You run with that.

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I’m an ALP And in order to get that had to study and read cases to learn the laws including contract law and real estate law.  Cases have been won for damages in the difference as I’ve mentioned.  As the previous poster mentioned it’s not always feasible and eBay transactions as I said are definitely times when it’s generally not.  

[myangelandmyprincess]

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@sin-n-dex wrote:

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@myangelandmyprincess wrote:

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@this*old*attic wrote:

You can’t sue someone for cancelling a sale. There’s no way to prove any damages. Buyer has his money back.

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You sue for breaking a contract.   It’s not feasible though on eBay transactions.   

One thing that can be sued for is the difference in what they bought it for here and what it would cost to get another if that price is higher.  Or in a seller case the loss of money if the item now sells for less than when the bidder won.  

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Where you "can sue" or whether it's a "good idea" are two different things. So technically you can sue when there are damages and you are wronged. Doesn't make it smart.

For instance, I got nailed for a $300 junk removal fee because the seller of my house did not follow instructions and dispose of broken fridge and freezer. My agent told me I could sue him in small claims court. I did the math... what I get paid for a day at work, and how much I'll lose to spend a day at the Settlement Conference (required for small claims), and then another day for a trial, if it goes that far, and any appearances in between... my time at work is worth way more than recovering $300. Plus to put a point on it, I mainly blamed the real estate agent for not following up to make sure my instructions were adhered to.

But if you watch Judge Judy, people sue for a number of stupid things...

C.

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Definitely as I said an eBay transaction isn’t feasible for suing over 

[this*old*attic]

A paralegal. But not a lawyer.

[myangelandmyprincess]

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@this*old*attic wrote:

A paralegal. But not a lawyer.

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Correct but it doesn’t take away from the fact that there are cases that have been won for exactly what I’m saying    You’re saying It’s not possible but it has been done.  

[this*old*attic]

Case law, please?

[myangelandmyprincess]

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@this*old*attic wrote:

Case law, please?

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Sadly I don’t have access to westlaw anymore to get cases.  Might still be some information in my notes but honestly I’m not doing all that.  I’m sick and just not feeling all the searching though notes just because you doubt what I’ve posted.  I did find the section in my real estate law book about it.  There is a section in my contract law book too about money damages being reimbursed in this way.  

[buyer-seller-of-stuff]

Sorry if im in the wrong area.   first time in this forum.   i just bought an item, seller marked it as shipped but then they cancelled it.   i have no option to leave feedback or no option report this seller.   what do i do?

[ravenm._71]

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@this*old*attic wrote:

Case law, please?

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The Op is in the UK. Contract law may be very different from ours. Why don't you research it, and come back with your findings?