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Rivical

Growing Member
Joined
Jun 4, 2008
Messages
4,778
If I win an auction that breaks the reserve and it's still under what the seller had indicated was their "real" price, do they have option to not sell me the item? I'm thinking yes, and they'd just have to pay eBay's share for the item meeting reserve. But I'm wondering if I have any legal rights to enforce the bidding contract I make? How bout if it's an interstate contract? Does that effect anything?
 
Reserve meet= you bought it.........any legal recourse ? I dont know.
 
Rivical said:
If I win an auction that breaks the reserve and it's still under what the seller had indicated was their "real" price, do they have option to not sell me the item? I'm thinking yes, and they'd just have to pay eBay's share for the item meeting reserve. But I'm wondering if I have any legal rights to enforce the bidding contract I make? How bout if it's an interstate contract? Does that effect anything?

Not much you can do about it. Report them to eBay and reveal them in online threads to hurt their online reputation. If it's some dick beater with little transaction history it's not worth your time. If they re-list you may be able to go after them.
 
Is the person not selling you now? They took a chance and set the reserve, you went above their preset price...you win. Light them up !!! Report them to eBay ASAP in case they try to relist. Good luck

Bryan
 
The guy just sounds flaky. Finally answered the phone, but hems and haws. Has something else going on every day during the next seven the auction stipulated as the time limit to complete payment and isn't offering to tf'r him a deposit via paypal. I got him to kinda sorta agree to be there, four hours drive from me, on Friday. But he says he'll be coming in from out of state Holiday at that, and I need to call before leaving.:rolleyes:
He's got Saturday and Sunday covered with 'too busy' even...

I know some people are just weird and wouldn't be worried except that we spoke and txt'd while the auction was active. I offered him halfway between what he indicated was his reserve and what he hoped for, to set BIN and complete the transaction and delivery This Weekend and he declined. Now I've won the auction at exactly the reserve. I only managed to get that kinda sorta agreement to let me come get the thing by offering that I'd make good on my previous offer if it was as good as he claimed after personal inspection.

I hope this goes well, but it just feels funny.
 
Odds are good he will no show and you'll be out whatever time and fuel you invested in the deal.

Legally he has to sell you the item, however, it's probably not worth the effort or risk at this point.
 
I'm not giving him much wiggle room, but you may be correct. Here's what I sent him in addition to my information for title transfer today.


If we're in agreement for pick-up on Friday, I will call you at 10am, figuring that you should get home from Michigan shortly before my arrival after 2pm. I thought about you being concerned, being out on the road in your car and want to remind you that I'm going to have a trailer! I've decided that I won't bring the whole family just in case you do have some issue and need me to divert my travel to intercept your route and bring you in. I have a supercrew truck with plenty of seating to add your family for a safe return to your home if that issue should arise.
If it would also make you comfortable, if you set eBay to allow paypal payment to your account and add that to the closed listing I will see that and make a deposit to show my sincerity.

He says he has to work Saturday and has a retirement party directly after that. So he's gotta come home sometime! LOL! I don't know if he's strange, or has seller's remorse, or what. I do know how he feels losing money on something he just bought 8-months ago. I'm about to lose my shirt on a couple Cadillac's. But that's just how the cookie crumbles. Sometimes you get the cookie, sometimes you are the cookie.
 
Funny that people have time to sell something, get paid, but no time to conclude their deals. An extra day or two is nothing to most folks but when the excuses start I get concerned as well. Good luck and stay with it.
 
Rivical said:
I'm not giving him much wiggle room, but you may be correct. Here's what I sent him in addition to my information for title transfer today.

If we're in agreement for pick-up on Friday, I will call you at 10am, figuring that you should get home from Michigan shortly before my arrival after 2pm. I thought about you being concerned, being out on the road in your car and want to remind you that I'm going to have a trailer! I've decided that I won't bring the whole family just in case you do have some issue and need me to divert my travel to intercept your route and bring you in. I have a supercrew truck with plenty of seating to add your family for a safe return to your home if that issue should arise.
If it would also make you comfortable, if you set eBay to allow paypal payment to your account and add that to the closed listing I will see that and make a deposit to show my sincerity.

He says he has to work Saturday and has a retirement party directly after that. So he's gotta come home sometime! LOL! I don't know if he's strange, or has seller's remorse, or what. I do know how he feels losing money on something he just bought 8-months ago. I'm about to lose my shirt on a couple Cadillac's. But that's just how the cookie crumbles. Sometimes you get the cookie, sometimes you are the cookie.

Maybe he's already sold it to someone else and is trying to jerk you around
 
I think he's in a 'home situation' where listing it for sale gets him outa hot water, and that out of the four he claims to have, this one is the only heavily optioned western low miles car and the rest are rust belt dogturd's! There were only 4-bids on it and I watched the whole time before bidding in the final 24-hrs. after several garbled communications. It's tough to make sense of him on the phone or email. I don't want to make fun of him but, well, I'm not sure he's on the same page with himself.

Now it's that he doesn't know if he stated that it was original mileage or 'in excess of mech limits' on the title. Now really. Who goes on a 1,500 mile each way trek for a car they aren't certain of the particulars about, unless they're me who just doesn't care as long as that sheet metal is solid? And he probably won't be able to do the title until Friday, when I'm supposed to be there already, because he works day shift this week.:rolleyes: And now he just butt dialed me and I listened to him and his daughter talking for a few minutes before hanging up...

I may not get a car, but I figure I've got a few more days to make this guy squirm if keeping it is his true intention. I bet if I showed up at his local police station with my eBay papers and the listing pics with his license plate shown, they could direct me to him! LOL! Yeah, pull into the drive with my trailer and let him explain deadbeat bidder's to the wife.... That could be fun!:p
 
I think he's in a 'home situation' where listing it for sale gets him outa hot water, and that out of the four he claims to have, this one is the only heavily optioned western low miles car and the rest are rust belt dogturd's! There were only 4-bids on it and I watched the whole time before bidding in the final 24-hrs. after several garbled communications. It's tough to make sense of him on the phone or email. I don't want to make fun of him but, well, I'm not sure he's on the same page with himself.

Now it's that he doesn't know if he stated that it was original mileage or 'in excess of mech limits' on the title. Now really. Who goes on a 1,500 mile each way trek for a car they aren't certain of the particulars about, unless they're me who just doesn't care as long as that sheet metal is solid? And he probably won't be able to do the title until Friday, when I'm supposed to be there already, because he works day shift this week.:rolleyes: And now he just butt dialed me and I listened to him and his daughter talking for a few minutes before hanging up...

I may not get a car, but I figure I've got a few more days to make this guy squirm if keeping it is his true intention. I bet if I showed up at his local police station with my eBay papers and the listing pics with his license plate shown, they could direct me to him! LOL! Yeah, pull into the drive with my trailer and let him explain deadbeat bidder's to the wife.... That could be fun!:p
Take a video camera you may make up the money you spent with a youtube hit.....
 
UPDATE

I remained freindly and committed to firm resolve through seller's every attempt to waffle while simply repeating in every email and txt, that "if it was as good in person as he described, I'd honor the initial offer."

Made the 4hr drive out yesterday and honored my offer with glee! Took delivery without incident.

My initial gut feeling seemed completely true from short observation. The wife never came out with the pale 50ish man who was letting the pride of his driveway go. I was a bit taken back by it being in the driveway and covered in leaves and water-spots, but it will never see them again... Before I had even finished chaining it down to the trailer, he was loading his 3 daughters, again without the wife, to go spend the money.

I feel for the guy, but he made his bed. I honored my deal, and now I get to make the car he always dreamed of and let go into my show queen.

I can't begin to describe how happy I am! Except for one little thing. I left it in my parent's heated garage to make sure it was completely dried out, and make a bed big enough to complete everything necessary for her here in my own garage. And my dad has already had all his friends over to drool on her! Lol!

:D
 
Congratulations.... now we need some pictures...
 
Congrats Riv...Glad it worked out for you!! Get the camera already....

Bryan
 
Glad it worked out. I went through one of those 4-5 years ago but did not come home with the car after a 6 hour drive one way. Guy put a car in with no reserve and I won. He was furious it did not go for twice what I won it for.

Mikey
 
Great...........now what the hell did you get. I want to drool too.
 
I still gotta go take it away from dad before I can get pics! I'm cleaning out and rearranging the whole garage. Shuffling cars sideways and diagonally from room to room to make a nice spot bigger than just parking. I'm not sure anybody else would be excited to see it. 77 Volare Premier, 318, console auto, t-tops, ac, cc, iw, dual chrome mirrors, 8-track and more... Sunfire Red Met, White top and interior. Not a popular body, but in person the clean originality of a 23K mi car inside and underneath is just beautiful. Unfortuantely it can't be a survivor because it's western history has baked the top surfaces and some spot paintwork has taken even more original off. New paint, new top, no problem.
 
thease guys yould like to see her you sent me a few picks and i will say she is onne butty of a car.
 
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