Question:
If the listing is misworded, fraudulent, or some other reason that could cause the seller a problem, and a bid is placed on that listing, the seller should be bound by the wording of the listing.
Total horseshit. The UCC specifically excludes listing or typographic errors. In addition, there is no meeting of the minds, hence no contract. — Many thanks, Don Lancaster Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552 Please visit my GURU’s LAIR web site at http://www.tinaja.com
Response:
Once the seller places the listing for me to bid on, then the seller should be bound by the same contract that I the buyer am bound to. The seller should not be able to cancel the auction for bullshit concocted reasons…
It’s all about you, Hannah…Oh I mean Donna. Lumpy — In Your Ears for 40 Years http://www.lumpymusic.com
Response:
– Hide quoted text — Show quoted text – If the listing is misworded, fraudulent, or some other reason that could cause the seller a problem, and a bid is placed on that listing, the seller should be bound by the wording of the listing. Total horseshit. The UCC specifically excludes listing or typographic errors. In addition, there is no meeting of the minds, hence no contract. — Many thanks, Don Lancaster Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552 Please visit my GURU’s LAIR web site at http://www.tinaja.com
"meeting of the minds?" That isn’t in UK contract law, maybe it`s a US thing? An offer to treat followed by a legal offer of payment is a defacto contract. I think that, despite the OP’s rant, she has a point here. The buyer can’t back out without risking a neg – why can the seller. In the UK, if you have priced goods wrongly you have to sell them at that price. Your problem. In the same way, if you pay too much for something (within limits) and find you’ve been done – it’s your problem. Caveat emptor and whatever the opposite is – (Caveat sellor? 
)
Response:
With great wailing and gnashing of teeth, Chris Foster screamed:
: : : : : : If the listing is misworded, fraudulent, or some : : : other reason that could cause the seller a problem, and a bid is : : : placed on that listing, the seller should be bound by the wording : : : of the listing. : : : : Total horseshit. The UCC specifically excludes listing or : : typographic errors. : : In addition, there is no meeting of the minds, hence no contract. : : "meeting of the minds?" : : That isn’t in UK contract law, maybe it`s a US thing? : : An offer to treat followed by a legal offer of payment is a defacto : contract. : : I think that, despite the OP’s rant, she has a point here. The buyer : can’t back out without risking a neg – why can the seller. In the : UK, if you have priced goods wrongly you have to sell them at that : price. Your problem. In the same way, if you pay too much for : something (within limits) and find you’ve been done – it’s your : problem. : : Caveat emptor and whatever the opposite is – (Caveat sellor? ) : The seller ended the auction; it did not end on its own. No one is out any money, except for the seller’s listing fees. No harm, no foul. Move on, bid on something else. If a seller doesn’t want to sell me something, I’m sure there is someone else who will. So, no, I’m not seeing the OP’s point; she has no point from where I’m sitting. If I offer to buy something, but the seller changes their mind before money changes hands, then no-one owes me anything. — Rome wasn’t built in a day. Nor was Dothan, Alabama. My hourly rates: $25 per hour. $35 per hour if you want to watch. $45 per hour if you want to help. $75 per hour if you tried to fix it and failed.
Response:
- Hide quoted text — Show quoted text – If the listing is misworded, fraudulent, or some other reason that could cause the seller a problem, and a bid is placed on that listing, the seller should be bound by the wording of the listing. Total horseshit. The UCC specifically excludes listing or typographic Why is it like that? If I bid, a contract is formed which I cannot ignore because I feel like ignoring it. Why is the seller allowed to change the rules as desired? If I bid, why does the implied contract only bind me and not the seller also? errors. In addition, there is no meeting of the minds, hence no contract. Could you explain – No Meeting of the Minds?
UCC contract terms have several specific requirements, such as being lawful, there being consideration, etc… One of these is that there has to be a meeting of the minds. If both parties do not agree to the transaction, then no contract exists. As a buyer, you fully agree to a meeting of the minds with your bid. — Many thanks, Don Lancaster Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552 Please visit my GURU’s LAIR web site at http://www.tinaja.com
Response:
– Hide quoted text — Show quoted text – "Don Lancaster" wrote… UCC contract terms have several specific requirements, such as being lawful, there being consideration, etc… One of these is that there has to be a meeting of the minds. If both parties do not agree to the transaction, then no contract exists. As a buyer, you fully agree to a meeting of the minds with your bid. … On the basis that the seller is accurately describing the goods. There’s no meeting of the minds if he’s a lying scumbag, is there? An ‘agreement’ based on lies is an invalid agreement. And that includes carefully placed ‘typos’ and demonstrably misleading statements. A I would just like to know why the buyer is automatically bound by contract upon bidding, and the seller can just do whatever he feels like? What binds the seller? I’ve had two listings cancelled in a week, and that disturbs me. Ebay gives sellers to much latitude in how they operate. Sellers should be bound by the same rules that I the buyer am bound. This latitude promotes fraud and is wrong. If a seller puts up a listing, then he should be forced to sell the product at the market bid price. If the bid price is to low, tough shit, that is the breaks of the game. There is risk in business. If the listing is wrongly worded, again tough shit.
So your saying its wrong for a seller to cancel a auction? thats shit, so you would have liked to have recieved the item i stood on that i had on ebay, i pulled it cos i out my foot right thru it – Hide quoted text — Show quoted text –
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If you pay via pay pal and you don’t get the goods, you have 30 days from date of sale to claw back the money from pay pal. Oh, I did not know that – how do I do that? Thanks for the tip, glad I used paypal now 
You won’t be if you didn’t use a credit card funded payment. Rita
Response:
It is exceptionally easy to make a listing error when you have lots of items up at once.
Or selling the item to one of your walk-in customers. Rita
Response:
If I offer to buy something, but the seller changes their mind before money changes hands, then no-one owes me anything.
Agree. I see it this way: Seller cancels an auction before the scheduled auction ending time… vs. Buyer retracting their bid before the scheduled auction ending time… Sounds to me like both parties operate on a level playing field. Loren
Response:
- Hide quoted text — Show quoted text -What has me stirred up is that when I placed a bid on a listing, there is a contract that I am supposed to pay if I have the highest bid. If I win and choose not to pay, the seller can come after me for it. That is the way it is supposed to work. Once the seller places the listing for me to bid on, then the seller should be bound by the same contract that I the buyer am bound to. The seller should not be able to cancel the auction for bullshit concocted reasons. If the listing is misworded, fraudulent, or some other reason that could cause the seller a problem, and a bid is placed on that listing, the seller should be bound by the wording of the listing. The seller should only be permitted to cancel a listing if no one has placed a bid on that listing. If the seller loses his ass on the transaction, that is his problem. There is risk in business. Once a bid is made, a two way contract is made. Currently, the contract does not define any binding conduct on the seller, only the buyer is bound by the contract. The seller is almost able to do anything he wishes, and is just plain wrong.
There there, let me call you a waaahmbulance. You shouldn’t be placing bids any earlier than the last ten seconds of an auction anyway. You weren’t even high bidder on one of these auctions, am I reading this right? If you were outbid anyway, who the hell cares if the auction is cancelled? I think you have a kind of psycho sense of entitlement here that I really can’t understand or get behind. TS Sometimes I doubt your commitment to Sparkle-Motion.
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YES! DAMN THOSE SELLERS! eBay would be much better off without all the sellers.
Amen, Bro Mean! I’m never going to buy from a seller again. That’ll show ‘em. But wait, how are they going to be able to leave me the feedback I need to justify my existence? Loren…caught up in a dilemma
Response:
"Don Lancaster" wrote… UCC contract terms have several specific requirements, such as being lawful, there being consideration, etc… One of these is that there has to be a meeting of the minds. If both parties do not agree to the transaction, then no contract exists. As a buyer, you fully agree to a meeting of the minds with your bid.
… On the basis that the seller is accurately describing the goods. There’s no meeting of the minds if he’s a lying scumbag, is there? An ‘agreement’ based on lies is an invalid agreement. And that includes carefully placed ‘typos’ and demonstrably misleading statements. A
Response:
… On the basis that the seller is accurately describing the goods. There’s no meeting of the minds if he’s a lying scumbag, is there? An ‘agreement’ based on lies is an invalid agreement. And that includes carefully placed ‘typos’ and demonstrably misleading statements. A
Are we still talking about the same situation we started with? If so then that’s an awful lot of venom pointed at a hypothetical situation that’s not even happening to you personally so what the hell? Don’s a troll, pure and simple. Don’t bother arguing with him, it’s just giving him jollies. TS Sometimes I doubt your commitment to Sparkle-Motion.
Response:
Did you not use clawback from pay poo?
Sorry, I don’t know what that is? — Steen danmark = dk blacklist.248.dk
Response:
Did you not use clawback from pay poo? Sorry, I don’t know what that is?
If you pay via pay pal and you don’t get the goods, you have 30 days from date of sale to claw back the money from pay pal. — Never, under any circumstances, take a sleeping pill and a laxative on the same night.
Response:
If you pay via pay pal and you don’t get the goods, you have 30 days from date of sale to claw back the money from pay pal.
Oh, I did not know that – how do I do that? Thanks for the tip, glad I used paypal now — Steen danmark = dk blacklist.248.dk
Response:
If you pay via pay pal and you don’t get the goods, you have 30 days from date of sale to claw back the money from pay pal. Oh, I did not know that – how do I do that? Thanks for the tip, glad I used paypal now
It is slow to recover monies for you but you need to follow buyers complaint procedure. Try this link. https://www.paypal.com/uk/cgi-bin/webscr?cmd=_comres_flow&trans_id= There are conditions etc … Must have paid via PP. Must claim within 30 days. Must not have received the goods. — Never, under any circumstances, take a sleeping pill and a laxative on the same night.
Response:
– Hide quoted text — Show quoted text – If you pay via pay pal and you don’t get the goods, you have 30 days from date of sale to claw back the money from pay pal. Oh, I did not know that – how do I do that? Thanks for the tip, glad I used paypal now It is slow to recover monies for you but you need to follow buyers complaint procedure. Try this link. https://www.paypal.com/uk/cgi-bin/webscr?cmd=_comres_flow&trans_id= There are conditions etc … Must have paid via PP. Must claim within 30 days. Must not have received the goods.
Whoops, that is the UK link. You should have a similar one but the UK link should work anyway. — Never, under any circumstances, take a sleeping pill and a laxative on the same night.
Response:
It is slow to recover monies for you but you need to follow buyers complaint procedure.
Thanks for the help – I was just in time to file a case within 30 day. — Steen danmark = dk blacklist.248.dk
Response:
- Hide quoted text — Show quoted text – I just received an email from ebay stating my bid on an item was cancelled. The body is below: Dear eBay Community Member, The bid that you entered for the item has been cancelled. You can view the reason provided for the cancellation by selecting the (bid history) link from the individual item page. Regards, eBay I went to the item listing, and the seller cancelled all bidders. There were two bidders, the other bidder had the highest bid at cancellation time. At the top of the listing was the reason for cancelling the auction. The reason is – The seller ended this listing early because of an error in the listing. This is the second time in about a week I’ve seen a seller cancel an auction which I was bidding on. The first cancellation I think was that the seller did not have enough product to satisfy the number of listings shown. This mornings cancellation I think was that the highest bid was below what the seller would accept. He just arbitrarily cancelled the auction. The seller was a power seller with 30,000+ feedbacks. Not exactly an amateur. I filed a complaint with ebay about the first cancellation, but as usual, nothing is being done about it. This makes me mad as hell that these sellers can just cancel auctions at a whims notice. Why doesn’t ebay hold seller’s accountable for this type of conduct? Why doesn’t the seller’s feedback page show the number of cancelled auctions, and the exact reason why? We buyers have a right to know the habits and patterns of seller conduct. If a certain seller cancels auctions frequently, buyers would probably stay from that seller’s auctions. What buyer is dumb enough to associate with a seller knowing the seller will cancel the auction? Why can’t I leave a NFB for these two sellers in wasting my time? Power Sellers abuse the system way to much. Bidders have a right to know about seller abuse and seller misconduct. Keep reporting them. I have not had any yet but I will report each and every one! What has me stirred up is that when I placed a bid on a listing, there is a contract that I am supposed to pay if I have the highest bid. If I win and choose not to pay, the seller can come after me for it. That is the way it is supposed to work. Once the seller places the listing for me to bid on, then the seller should be bound by the same contract that I the buyer am bound to. The seller should not be able to cancel the auction for bullshit concocted reasons. If the listing is misworded, fraudulent, or some other reason that could cause the seller a problem, and a bid is placed on that listing, the seller should be bound by the wording of the listing. The seller should only be permitted to cancel a listing if no one has placed a bid on that listing. If the seller loses his ass on the transaction, that is his problem. There is risk in business. Once a bid is made, a two way contract is made. Currently, the contract does not define any binding conduct on the seller, only the buyer is bound by the contract. The seller is almost able to do anything he wishes, and is just plain wrong.
I agree with you. However, mistakes can be made by both seller and buyer – perhaps there should be a ratio system – 3 strikes in any six month period say. As both a seller and buyer, I have made mistakes – I bid
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