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Author: Subject: What do you think ?
Jon Ison

posted on 16/11/07 at 04:06 PM Reply With Quote
What do you think ?

Mrs bought a trailer on ebay earlier today using buy it now.

Just called the chap to arrange pick up and I'm told its not available till next weekend, no mention of this in listing and been on a "buy it now" I sorta think it should be available once the button is clicked unless of course otherwise stated in listing, the auction ended Sunday if it went the full distance so wouldn't have been available until a week after auction end time anyways.

She chose this one (a fair distance away) as we have to be in the area over the weekend and could have killed two birds with one stone.

Q, Are we obliged to go through with the purchase given the circumstances of it not been available ?

Opinions ?

[Edited on 16/11/07 by Jon Ison]

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Dangle_kt

posted on 16/11/07 at 04:10 PM Reply With Quote
You can do what you want, he can't hold a gun to your head and make you collect and pay for it- but if you back out he might leave negitive feedback. I'm guessing you dont want the trailer and are looking for a way out of the deal as apposed to actually desperatly needing it this weekend? She buy a duffer?

Unfortunatly no matter if you have the grounds to back out or not you are likely to get negitive from the disgruntled seller. It all depends on the bloke really.

quote:
Originally posted by Jon Ison
Mrs bought a trailer on ebay earlier today using buy it now.

Just called the chap to arrange pick up and I'm told its not available till next weekend, no mention of this in listing and been on a "buy it now" I sorta think it should be available once the button is clicked unless of course otherwise stated in listing, the auction ended Sunday if it went the full distance so wouldn't have been available until a week after auction end time anyways.

She chose this one (a fair distance away) as we have to be in the area over the weekend and could have killed two birds with one stone.

Q, Are we obliged to go through with the purchase given the circumstances of it not been available ?

Opinions ?

[Edited on 16/11/07 by Jon Ison]

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Danozeman

posted on 16/11/07 at 04:10 PM Reply With Quote
I would have thought if the buy it now button is there it should be available imediatly, especially if it doesnt say anything in the lisiting about it not being so. So if its not available he should cancel the sale.

[Edited on 16/11/07 by Danozeman]





Dan

Built the purple peril!! Let the modifications begin!!

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02GF74

posted on 16/11/07 at 04:12 PM Reply With Quote
if you haven't paid, then can't see how anyone can make you pay.

legally binding bladi blah blah ... if it were the case, the courts would be overflowing with non-paying ebay deals.

and if you get negative feedback, you can always escalate case to ebay.

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Jon Ison

posted on 16/11/07 at 04:14 PM Reply With Quote
Dangle Kit, your guessing WRONG.

Here is the listing , just a bit miffed its up with a BIN but not available, and not available because its "out on a job", had Mrs paid via paypal (didn't to save him fee's) he would be using the winning bidders property for a week ?

[Edited on 16/11/07 by Jon Ison]

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twybrow

posted on 16/11/07 at 04:14 PM Reply With Quote
Just speak to the chap. He won't want negative feedback. Ask him if you can mutually agree not to fool through with the sale. If he won't play ball, then either don't payup and accept the -ve feedback, or contact ebay for a disputed item.






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mookaloid

posted on 16/11/07 at 04:15 PM Reply With Quote
I would say that as they didn't mention it then you would at least have grounds to ask them if they will just forget the whole thing.

A negotiated agreement to void the transaction is better than swapping bad feedback!

Cheers

Mark





"That thing you're thinking - it wont be that."


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Volvorsport

posted on 16/11/07 at 04:51 PM Reply With Quote
has the trailer got an identification tag/chassis number ?

if it has get the details and the relevant paperwork , make sure he has your money , then go collect it ?LOL

what can he legally do ? youve bought it - its yours - otherwise £25+vat seems a reasonable amount to charge him per day for rental .





www.dbsmotorsport.co.uk
getting dirty under a bus

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Humbug

posted on 16/11/07 at 05:14 PM Reply With Quote
Surely "Buy it now" means now, not next week??? If you've paid, it's legally yours, so I would say you are going to be in the area this weekend and will expect to pick it up. Tough titty for him if he wants to keep it for another week.
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locoboy

posted on 16/11/07 at 05:17 PM Reply With Quote
not obliged at all as far as i am concerned.

buy another one.





ATB
Locoboy

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graememk

posted on 16/11/07 at 05:31 PM Reply With Quote
i would be asking for rental of the trailer if it was me, or failing that i'll collect it in the morning.






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Confused but excited.

posted on 16/11/07 at 05:54 PM Reply With Quote
It states 'delivery available'. So it must be available for delivery/collection.
Tell him if you can't have it now you will;
a) charge a hire fee until it is and hold him liable for any damage.
or
b) report it ebay (false description)/trading standards (remote selling laws)/police (fraud).





Tell them about the bent treacle edges!

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Macbeast

posted on 16/11/07 at 06:16 PM Reply With Quote
If you go for "Buy it now" it simply means that you're prepared to take the risk of paying more than you might have to if you had gone in the auction.

I don't think "Buy it now" has any bearing on the delivery.

Given that you were going to be in the area at a particular time, you could perhaps have e-mailed the seller to ask if it would be possible to pick up then, before agreeing to buy.

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Jon Ison

posted on 16/11/07 at 06:30 PM Reply With Quote
It was a fixed price bin auction not a 99p start with a bin as well.
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Macbeast

posted on 16/11/07 at 06:44 PM Reply With Quote
Well it was £150 ONO. But anyway, it looks as if you got a bargain, whenever you pick it up

He invited offers, you made an offer which he accepted. So legally there is a contract and he could sue you if you don't go through with it. (He won't of course)

However, there is no mention in the invitation to tender (the e-bay listing) of when you will get delivery so if you didn't specify this as a condition in your offer then you can't enforce it afterwards.

If you haven't paid him yet (you say you didn't do PayPal which he did specify on the e-bay listing) then the consideration on your side hasn't passed and you have no rights at all until you do pay and he certainly can hire it out in the meantime.

But I'm now having visions of sledgehammers and walnuts. Call the man and sort it out amicably

[Edited on 16/11/07 by Macbeast]

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indykid

posted on 16/11/07 at 07:33 PM Reply With Quote
since it's going to cause you inconvenience, why not, since he offers delivery, tell him he can deliver it to you for the cost of your petrol/diesel it'd take to go get it.

that way, you both get what you want, and you don't have to waste your time, just pay the fuel costs it'd have cost you otherwise.

money's easy enough to come by, time you can't get back........if he's still uncooperative, tell him you don't want it

tom






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