# Look at this auction I won,now I can't get it.



## Anonymous (Apr 19, 2012)

Here's the deal.I won the auction below,fair and square.The guy is local and I had planned on just picking them up with my trailor.After I sent several emails with no reply,he tells me this 


> "Dear mariannalice,
> I am sorry but this was not a "no reserve" auction. I had a minimum of $1500 on this engine. Sorry for the confusion.
> 
> - luckystiff"


He just sold a dodge ram that started at $1(no reserve),and now he is selling a trencher that he also started at $1(no reserve).
All I can do is report him ,and leave negative feedback.Unfortunately I cannot "force" this guy to sell them to me.
http://www.ebay.com/itm/GMC-6-5-Diesel-engine-and-RL80C-Auto-Trans-Drive-before-you-Buy-/200741183042?pt=Motors_Car_Truck_Parts_Accessories&vxp=mtr&hash=item2ebd1b5e42


----------



## martyn111 (Apr 19, 2012)

The same thing happened to me in a recent ebay auction, as you say you cannot force them to sell, I reported them to ebay who basically did nothing to help me, (would have been totally different if you won the auction and didn't pay, well they have got their fees to protect). The downside to leaving neg feedback is you only get 80 charactors to slag them off, the upside is they cannot neg you back.


----------



## Anonymous (Apr 19, 2012)

martyn111 said:


> (would have been totally different if you won the auction and didn't pay, well they have got their fees to protect).


Oh yeh I forgot to mention......he does not accept paypal.He only accepts checks or money orders.


----------



## silversaddle1 (Apr 19, 2012)

I had a retard buy an item from me on eBay and never paid for it. Do you know you can't leave negative feedback for a non paying bidder? How screwed up is that? So to me, feedback is useless and I no longer waste my time leaving it.


----------



## rusty (Apr 19, 2012)

silversaddle1 said:


> I had a retard buy an item from me on eBay and never paid for it. Do you know you can't leave negative feedback for a non paying bidder? How screwed up is that? So to me, feedback is useless and I no longer waste my time leaving it.



Seconed that, DSR's are also meaningless - just a head game ebay plays with the sellers.

If you have ever reached power seller status, now your in for some real ebay propaganda - brain washing.


----------



## dtectr (Apr 19, 2012)

mic said:


> martyn111 said:
> 
> 
> > (would have been totally different if you won the auction and didn't pay, well they have got their fees to protect).
> ...


How 'bout me and Frank just go redneck on his ass? Lol


----------



## Anonymous (Apr 19, 2012)

Lol...that brought a smile to my face.


----------



## Barren Realms 007 (Apr 19, 2012)

ROFLMAO

I just got into the hotel room from working and almost lauged up my dinner since this was the 1st message I read. Sorry about the misfortune.


----------



## jimdoc (Apr 19, 2012)

That has happened a few times to me with Ebay also. I did however get a whole Camaro drive train for $1. All I really wanted was the powerglide trans, but the guy wanted it gone and even threw in a set of Iroc wheels that were on it. He just wanted the frame for the car he was restoring. I really expected him to back out of that Ebay sale.

You can't trust Ebay to do the right thing, you can't trust feedback, and you can't trust a very lot of sellers.

Jim


----------



## wavecrazed (Apr 20, 2012)

Could you take it to small claims court? Maybe too far away?


----------



## darshevo (Apr 20, 2012)

Here is some good news on DSR's, if you are a volume seller anyway. Coming soon will be the addition of 1 day handling time and a MINIMUM 14 day return policy to qualify for the final value fee discount. Being as my business revolves around 'for parts or repair' equipment I will obviously not be adding the 14 day return to my listings. Without the DSR backed need to keep customers happy for my 20% fee discount I no longer have to worry about customer service  YAAAAAY!! GO EBAY!

This sarcasm has been a public service announcement, you may now go back to your previously scheduled hatred of ebay


----------



## publius (Apr 20, 2012)

darshevo said:


> Snip...
> YAAAAAY!! GO EBAY!
> 
> This sarcasm has been a public service announcement, you may now go back to your previously scheduled hatred of ebay


Note to self: STOP reading GRF at WORK!!! :shock:


----------



## Anonymous (Apr 20, 2012)

publius said:


> STOP reading GRF at WORK!!!


Lol....


wavecrazed said:


> Could you take it to small claims court? Maybe too far away?


I do not know.I doubt it would be worth the time and trouble though.The motor and tranny are worth a couple thousand just the way they are.Add in the fact that he was supposed to do the work to take them out,and palletize them,and they would be worth a lot more.Now take into consideration that he is only a couple of hours from me,and the motor and tranny would slide right into my suburban.Now it would be hard to put a price on what the matching pair would be worth.
I understand why the guy doesn't want to release them,but the fact is,I won the auction fair and square,and if it were the other way around,you know he would be furious over this.Oh well it's not the end of the world,and I'm sure I'll find one sooner or later.


----------



## eeTHr (Apr 20, 2012)

Doesn't eBay require that a reserve be selected when you post the auction page? Then is just shows as a reserve exists, but not the amount, on the auction page? Doesn't eBay still charge extra for having a reserve?

I think that a "surprise reserve" is aginst their rules, and refusing to sell like that would be penalized somehow.

After all, an auction is an "offer to sell" to the top bidder, and the top bid is an acceptance of an offer, which then completes the requirements for a legally binding contract. The only exception would be if there is an advance stipulation of reserve, which would show up on the auction page.

Plus it makes the statement of "no reserve," which many put in their page titles, completely worthless.


----------



## macfixer01 (Apr 21, 2012)

eeTHr said:


> Doesn't eBay require that a reserve be selected when you post the auction page? Then is just shows as a reserve exists, but not the amount, on the auction page? Doesn't eBay still charge extra for having a reserve?
> 
> I think that a "surprise reserve" is aginst their rules, and refusing to sell like that would be penalized somehow.
> 
> ...





I wonder also since you say the guy is in your own state, if you can file a small claims lawsuit for non-performance? I wouldn't expect much help from Ebay but I'd still make sure you report the guy to them and give him the lousy feedback he deserves.

I see that under Limitation Of Liability, the Ebay user agreement says (in part) "For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller." 

macfixer01


----------



## Anonymous (Apr 21, 2012)

macfixer01 said:


> "For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller."


I am honestly not that worried about it.If the seller wants to be that way,that is his problem.I am not exactly happy about it,but it is ok.I've already reported him,and I will eventually leave negative feedback.Hopefully he won't do this to anyone else.


----------



## joem (Apr 21, 2012)

mic said:


> macfixer01 said:
> 
> 
> > "For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller."
> ...



Too bad it went this far. Maybe the mistake is an honest one. You can offer him a fair price and see what happens. You know the value and it's worth way more than what the bidding looks like.


----------



## Anonymous (Apr 21, 2012)

joem said:


> Maybe the mistake is an honest one.


I have already discovered that this is a trend with how he set's up his auctions.I do not know if anyone else has had a problem with him,but he is very familiar with selling items with no reserve.


----------



## eeTHr (Apr 21, 2012)

A seller needs to pay eBay for setting a reserve, so by having an undocumented reserve, he is cheating eBay out of some of their fees. Ebay should frown on that!


----------



## martyn111 (Apr 21, 2012)

joem said:


> You know the value and it's worth way more than what the bidding looks like.




To me it doesn't matter what the bidding went up to, an item is only worth whatever someone is willing to pay for it. As has been mentioned earlier in this thread, offering an item in auction with no reserve posted, is acceptance of whatever the final bid values that item as.


----------



## Anonymous (Apr 22, 2012)

I have some news.I spoke with Ebay today,just to simply make them aware of the situation,in case he tries this again in the future,when the representative told me that he found something.He said he could not discuss with me any details about what he discovered,but told me to not leave any feedback for at least a couple more days,and give ebay time to "discuss" the situation with him first,and make sure that this is the avenue that he wants to go down.So I don't know what the rep found,but it sounds like this may be an ongoing problem with this guy.I am not too worried about it though.If I get it,great,if not I will move on.
I will try to keep everyone up to speed on any details that may arise.


----------



## dtectr (Apr 23, 2012)

My offer still stands [giggle] frank - you with me? Lol i've never seen florida "in person", maybe this is my "golden ticket" B-)
We may not win many awards for political correctness but we get extra points for results rofl


----------



## Anonymous (Apr 23, 2012)

Chuckle.
Yes the "redneck" way usually works very well around these parts,and you of all people know that I appreciate the offer,however I am going to decline.Your timing is hysterical though(I'll explain later). I would like to have the motor and tranny,however you know full well,that even if the guy told me to come get it,we would end up in a war.It is just not going to happen,and I have come to terms with that.But that was pretty darn funny.Thank you.


----------

