What should I do if seller doesn't have items?

Discussion in 'Transformers On Ebay' started by Charsiupao, Oct 14, 2010.

  1. Charsiupao

    Charsiupao Well-Known Member

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    Hi guys - this isn't really a "don't buy from this guy" post, but I just want to get feedback on what my options are on this.

    I bought a ROTF Leader Megatron on eBay a few days ago (am I supposed to link the auction?), and since I was going to COD at the place he specified, I thought I'd pick up another 5 items (MP Skywarp, TFA Grimlock, Back Road Brawl Mixmaster (loose), ROTF Deluxe Rampage and Voyager Seaspray).

    Today, he returns my messages saying that Megatron (which is the one I really wanted), Skywarp and Grimlock are out of stock, and that he can't do COD at the place he specified and requests that I drive an extra 15 minutes out of town to get the COD items (we're still debating time and date now).

    I've got half a mind to say that since half the auction items are not available, could we mutually agree to forfeit the whole thing and forget it ever happened, or am I still obliged to get the 3 which he has in stock? I know I can (and should) pay for the 3 (maybe leave neutral feedback since I had to go elsewhere than advertised for COD), and leave negative feedback for the other 3 as no-shows, but that seems like a mean thing to do to someone with over 400 and 100% positive feedback (and it could very well be an honest mistake on his side, in relisting all his old stuff without removing the ones which he no longer had). Ideally for him I just buy Mixie, Seaspray and Rampage, and forget about the other three - or can he apply to have the auctions removed, since I don't want the "pay now" or "leave feedback" reminders there. Or does he expect me to treat them as complete, and just leave him positive feedback for items I never got?
     
  2. Transformed

    Transformed 神戸 Member

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    Did he not break the original agreement? You aren’t obligated to buy anything if the seller can’t make good on the terms of your agreement: the missing pieces plus the ones he still has—not parts of the lot.

    If, however, has pieces you’re still interested in, you should renegotiate or walk away, and leave the appropriate feedback. Not making good on items and changing location of the deal just might be enough to go one step lower than neutral, especially if it’s going to cost me more time and money to get part of the items I wanted.

    Personally, I’d leave the guy alone and look for the pieces elsewhere.

    I hope things work out for you:) 
     
  3. Charsiupao

    Charsiupao Well-Known Member

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    Thanks! It's six separate Buy It Now auctions, though, not a set of six, so it's three he can't deliver, and three which he's expecting me to honour on my side. Technically his inability to deliver those three shouldn't give me an excuse to wiggle out of the other three, I'm worried, even if he's changing the COD location by a 15-minute trip.
     
  4. exomega255

    exomega255 Emerald Green

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    I would say that, if he can meet you at the agreed place, then you can go pick it up, otherwise, its not really your responsibility anymore.

    1. you are using more time
    2. you are using more gas (cost)
    3. you are only getting the "less wanted" toys from him
     
  5. Transformed

    Transformed 神戸 Member

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    That is a bit tough. I guess you are obligated to complete your transactions, though I think you could argue that you made your other purchases with the assumption you were getting more than one, especially if you have copies of your correspondence with the seller explaining such.

    On top of that, you agreed to a location before hand, right? And now, after the deal was made, the seller wants to change to a location that is easier for him/her? That’s a change in the agreement, too, which might be your way out.

    If the seller isn’t willing to mutually terminate your transaction, you should contact the auction site to mediate. Present your written agreements, expressing your terms for purchase and the seller agreeing to them. If you have such e-mails, I think you’ll be able to walk away from these transactions without penalty, but I don’t know for sure.

    Good luck
     
  6. Charsiupao

    Charsiupao Well-Known Member

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    His Cash-on-deliver locations are actually listed in his auction itself, so that's pretty much binding. However, he hasn't sent any official emails through ebay or anything - he's done all correspondence via SMS (it's normal for local deals, although I did wonder why he asked me for my contact number before even giving a single reply via eBay messaging). Maybe I should have insisted that we correspond via official eBay messaging or something..
     
  7. Transformed

    Transformed 神戸 Member

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    Can't you forward your messages to your e-mail account—don’t all e-mails/messages have some sort of watermark? I think they do. Forward your messages to an actual e-mail account and see if they do. If not, take a photo of your messages and your message box showing his e-mails in your in box (address and all).

    If you don't want to go through with the transaction, talk to the seller about. You might be able to get out of it with little difficulty. Some sellers are pretty understanding, especially if you offer to pay his/her re-listing fees—though I don't feel that's necessary in this case, as it is the seller who botched things up here.
     
  8. Charsiupao

    Charsiupao Well-Known Member

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    Thanks for the advice. I think I'll go ahead with the three which he has - they're not a bad deal in any case - certainly cheaper than I can get them in the shops. I'm just hoping he knows how to resolve those three which he failed to honour - there's no way I'm going to leave him positive feedback for those three just to let him maintain a 100% rating. He'll probably have to explain to eBay and get my approval to let him remove the item (although he'll probably have to pay the listing fee since someone bidded. Hope's he not upset with me about that).
     
  9. exomega255

    exomega255 Emerald Green

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    Char, I think you should stand firm that the trade location be what you had agreed to before. I think you are cutting him too much slack. If it were I I would have disputed.
     
  10. grimlock1972

    grimlock1972 "No Mas" My Wallet

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    buy the three he has and leave him Neutral on the others, if he refuses to cut you a deal on the three he has.
     
  11. Fishdirt

    Fishdirt Tin Toy Transformer

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    um..negative feedback. Ain't nothing neutral about a deceptive auction. An auction that's selling an item that is not available to the auction is deceptive. The negative lets others know he's not too good on the deals or being up front about it.
     
  12. wolfe

    wolfe Well-Known Member

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    I agree with this. Sounds like he wasnt being upfront.
     
  13. DethPike

    DethPike Master of Sinanju

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    I am also inclined to agree with this. It sounds harsh, but you bought 6 items with "buy it now" and now 1/2 of them have mysteriously vanished? AND he wants to change payment terms suddenly? That's bull$hit and I wouldn't give this guy a dime. And remember, as the buyer it's not like he can neg you back for not following thru - the worst he could do is neutral to you. Just leave very detailed feedback so others know what's up with him.

    Also - you said he wants to change the "COD" meeting place or whatever to 15 minutes further away... am I reading this wrong, or is the plan here for you to actually drive TO this guy - who you don't know - to a PLACE you don't know - with CASH on you?? Is THAT what you mean by COD? :sly:  Dude - this is how "missing persons" cases start.
     
  14. Charsiupao

    Charsiupao Well-Known Member

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    We're meeting at a big shopping mall Monday morning, so it should be safe. I'll just look over my back on my way to the car! :) 

    I probably should take the three items which he has. He changed the venue to suit him, but let me pick the day and time (which I know wasn't really ideal for him). And all three items are significantly cheaper than I can get them from the shops. How I deal with the other three no-show items will depend entire on how he deals with me when he meets me, I guess.

    It's also a local auction, so it's probably not nice to really upset someone who lives in the same town as you. If it was some seller from another country I might be less tolerant, but since we're likely to bump into each other anytime, I'll try to resolve this as win-win as I can, and I suspect this chap will to. He's not going to want to ruin his 100% positive feedback for sure.
     
  15. LifePincher

    LifePincher BBTS is the SOURCE!

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    Very smart move in my opinion. Hey, maybe he'll feel bad and offer another figure free for the trouble??

    Keep us updated.
     
  16. Charsiupao

    Charsiupao Well-Known Member

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    I got my items and got home safely. He apologised quite sincerely when we met up, and even rushed to meet me earlier when I got to the venue a half-hour earlier. I let him off and agreed to give him the positive feedback for those three empty items. There was probably nothing more he could do. He did offer to sell me a Takara Unicron for RM295, but I declined (had no interest in it). Not even sure if it was a good deal.
     

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