Won item, now seller claims he didn't mean to list it.

[VG_Maniac]

I won this Super Mario World sign today

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8210780360&rd=1&sspagename=STRK%3AMEWA%3AIT&rd=1

About 3 hours after I won, the guy refunds my money and emails me, saying he didn't mean to list this particular item and that it was all a big mistake. Here's the email he sent me:

Sorry, but I made an error in listing this. The wrong item was listed. Sorry for
any troubles, I will still leave positive feedback for you if you'll do the same
for me

What should I do? I really want this item...and it doesn't look to me at all like he accidently listed it. I think he didn't get nearly as much money as he thought he would and now he's trying to call the whole thing off. Any suggestions about what I should do? I've never had a seller back out of an auction on me before.

[Roi]

What a fucker! That's clearly not a listing mistake.
Just wait till he gives you a positive feedback and then give him a negative one!

[evil_genius]

What a fucker! That's clearly not a listing mistake.
Just wait till he gives you a positive feedback and then give him a negative one!

What he said ^

[jajaja]

Yep, not a listing mistake. He either didnt get as much money as he wanted as you mentioned or someone offered him more after the auction ended (this have happend to me when I won an auction).
Not much you can do, except leaving negative :(
Maybe contacting ebay too, but I guess they cant do much.

[norkusa]

The guy is obviously lying to you. How could he say he listed the wrong item after putting it on Ebay along with a pic and a detailed description?

What probably happened is that someone saw the listing after it ended and offered the seller more than what you bid. Either way, the seller is an asshole and tell him you'll report him to Ebay if he doesn't ship you your item.

[VG_Maniac]

Well, he left me postive feedback already. So, at LEAST I won't have to worry about him retaliating with a negative comment after I leave him a negative.

I emailed him and told him I'll leave negative feedback and report him to ebay if he doesn't go through with the transaction. I'm hoping he will take that seriously, since he has over 300 positive feedbacks and not a single negative.

(EDIT)I just received an email from him. Here's what he had to say:

I refunded your money, I'm trying to be a decent person. When I say it was listed on accident, it's because I'm listing things for my parents and this wasn't supposed to be listed. I already gave you a positive to top it off.
Thanks
JB

For his parents?? Does this look like something his parents would own? This guy is so full of BS. I know he refunded my money...so I'm not getting ripped off. But, I really wanted that sign...especially because one just like it sold for over $100 a few weeks ago...which is most likely why he doesn't want to sell it to me.

[Griking]

I'm hoping he will take that seriously, since he has over 300 positive feedbacks and not a single negative.

Actually he has 5 negatives, just none in the past year.

Part of me says forget about it and give the guy a break. The other half agrees that he's just going to turn around and sell it to a higher bidder.

Perhaps hold onto the feedback and monitor his auctions for the next few weeks. If you see it up for sale again the neg him. Of course he can always sell it on the side and you'd never know.

[Funk Buddy]

It's against eBays rules, but I doubt they'll do anything. This happened to me a few months ago. I did a BIN auction and before I even had a chance to pay they had relisted the same item and sent me an email telling me they did so. I just let it go since it wasn't worth the hassle.

[ChronoTriggaFoo]

Well I sent him the following message to see if he's BSing you my friend:

"If the Super Nintendo Mario/Yoshi sign becomes available, I'll buy it off of you for $100 + shipping. Just let me know.

Thank you ^_^
Alex"

I'll update with any response he may have.

[philosophyst]

Well I sent him the following message to see if he's BSing you my friend:

"If the Super Nintendo Mario/Yoshi sign becomes available, I'll buy it off of you for $100 + shipping. Just let me know.

Thank you ^_^
Alex"

I'll update with any response he may have.

8-) Good call here ^

VG_Maniac: If he doesn't want to sell you the sign, you should be more than happy to give him his first negative of the year. It would be well deserved....what a jackass seller!

[scooby105]

just leave him negative feedback and file a seller non-performance complaint with ebay.

no use really trying to get the item because he's not going to send it, or he'll send an empty box, or break the sign and send it, or something else shady.

he is too stupid to know how to use spellcheck though as he even puts "(spelling?)" next to a word in his auction, so maybe he is just an idiot and accidentally listed it.

[Promophile]

Wow I'm shocked it went for so low. It wasn't in great condition but 10 dollars woulda been a steal. I payed close to 100 for a mint condition one... he must've been expecting around that much.

[imanerd0011]

Wow I'm shocked it went for so low. It wasn't in great condition but 10 dollars woulda been a steal. I payed close to 100 for a mint condition one... he must've been expecting around that much.

I was watching that, and I couldn't believe it went for so low as well. I think that $100 is a bit high though, although I have seen 2 of them go for around that price. I'd say $40-60 is a decent price for one in great condition.

[Buyatari]

I thought it was a BIN.

Wait a min.....You are telling me, the auction ran its full course and he didn't notice until the auction ended. Not only that but he noticed AS SOON as it ended? How does one exactly list something that they don't want to sell? Isn't that like accidently sleeping with your best friends wife. "Honey honest it was an accident"

BS. He typed up a description and included a picture of the correct item. Item ran the full duration. BS

You should call the bluff. Tell him you don't believe him. Then at the same time send the paypal one more time and report him as a non performing seller. The report may shake him up. Reverse of non-paying bidder. 3 reports and ebay boots you. Make sure you also get the contact information.

You earned feedback for asap payment. If he sends the sign tell him he will get his. Otherwise neg him.

[Promophile]

Wow I'm shocked it went for so low. It wasn't in great condition but 10 dollars woulda been a steal. I payed close to 100 for a mint condition one... he must've been expecting around that much.

I was watching that, and I couldn't believe it went for so low as well. I think that $100 is a bit high though, although I have seen 2 of them go for around that price. I'd say $40-60 is a decent price for one in great condition.

Yeah I got my Mario 3 one around that price. The prices are pretty wild on these things, they don't pop up all too often, although I'd say this particular display is one of the more common ones. Perhaps I paid a slight premium on mine but I was getting annoying that I kept losing these LOL . I think I lost on the last 5 displays I bid on, the latest being a Mario Golf one I really wanted.

[boozi2]

Leave him a neg, he sucks ass for being such an ass seller :/

[PDorr3]

Its clear he saw the last auction end at around $100, and expected that much for his. I think for him being such an ass we should threaten him and tell him we will make new accounts and bid on all of his items, win them, and neg him up the ass if he does not send you the sign, just for being a bitxh seller, and doing a horrible job at lieing.

[VG_Maniac]

I sent him this email after he said he couldn't sell it because it belonged to his "parents"

Then why didn't you just end the listing early, before someone bid on it? You had the item up for 5 days, you could have taken it down anytime...why did you wait for someone to win it? I'm sorry, but this isn't making sense to me at all.

He responded with:

was getting ready to package it up and my mom asked me what I was doing with it. Listen, I'm really sorry about the troubles. I didn't think it would be this big of a deal.
JB

[SoulBlazer]

Since he allready refunded your money and you have your positive, you are in the drivers seat. Here is what I would do in your position, IMHO:

1) Report him to E-Bay. They can't FORCE him to send you the item, but it will be a strike on his record.
2) Notify the seller that you will give him the benift of the doubt but you will be watching his auctions for the next 90 days. If you see the sign being listed again, that means a neg on his record.
3) Check any other SMW signs posted in the next 90 days to see if he tries to sell it under a new user ID.
4) If the 90 days pass without seeing anything, leave him a positive and give him the benift of the doubt (although I think he's lying his ass off!)

Tough break on not getting the item, but there really is'nt much you can do. Just be glad you got your money back.

[Buyatari]

have him tell his mom he is sorry and tell her he screwed up. If she really loves him then she will forgive him.

http://smiley.onegreatguy.net/bsflag.gif

[Jumpman Jr.]

He probably thought that he would get more than 9.99 for it. And when the auction ended, he didn't want to sell it for that cheap.
Thats his mistake and his problem, but I think you should give him a break.

[video_game_addict]

He probably thought that he would get more than 9.99 for it. And when the auction ended, he didn't want to sell it for that cheap.
Thats his mistake and his problem, but I think you should give him a break.

His mistake his problem yes. Give him a break no.

Ebay auction is legal binding contract, how many times have you heard that uttered? It's quoted evey time a bidder trys to back out of a deal, but it goes both ways.

As others have stated go to ebay now & file a seller non-performance complaint! Then offer negative feedback if he doesn't want to comply. He's not claiming he doesn't have it, just he doesn't want to sell. That might help change his mind.

But really outside of the complaint & a negative there isn't much you can do to make him ship.

[suppafly]

Since he allready refunded your money and you have your positive, you are in the drivers seat. Here is what I would do in your position, IMHO:

1) Report him to E-Bay. They can't FORCE him to send you the item, but it will be a strike on his record.
2) Notify the seller that you will give him the benift of the doubt but you will be watching his auctions for the next 90 days. If you see the sign being listed again, that means a neg on his record.
3) Check any other SMW signs posted in the next 90 days to see if he tries to sell it under a new user ID.
4) If the 90 days pass without seeing anything, leave him a positive and give him the benift of the doubt (although I think he's lying his ass off!)

Tough break on not getting the item, but there really is'nt much you can do. Just be glad you got your money back.

That sounds like a lot of work!

Just give him a negative and report him, for being a liar!

[ngt]

neg him

[stuffedmonkey]

Neg him!!!

He thought it would go for more - it didn't - now he is trying to be slick.

How the hell do you "accidentally" take a picture of something, write a description, and click submit???

[number6]

I agree with the others. Resubmit payment for the item. File a non performing seller complaint with Ebay and then neg him if he still refuses to send the item. The seller is totally wrong in this case and I see no reason to cut him any slack.

[Xizer]

If I was the seller I would do the same thing. What's one negative feedback when you have hundreds? $90 more is worth it for one negative.

Sure, what he's doing is wrong, but it's the smart thing to do. If his eBay account ever gets closed it's a piece of cake just to open up a new one.

[VG_Maniac]

I just got home from work to find these two emails from the seller waiting for me:

Wow, your amazing. I was a decent person to you. I refunded your money, I explained what happened to you, and I left you positive feedback, and you still refuse to be a decent person. Absolutely amazing. My mom said if you'll pay $50 it's yours.
Again, absolutley amazing!
JB

By saying that he won't let it go for any less then $50...he's pretty much admitting that the reason he won't sell it to me is because it didn't sell for near the amount that he wanted. That's his own fault though. He could have put a reserve price on the auction or made the starting bid alot higher. Here's the other email he sent me:

By the way, it's really mature having your friends e-mail me with threats about my reputation.
JB

I must ask that nobody email him any threats because he will think that I'm behind them...which he already does.

[VG_Maniac]

(Another accidental Double Post)

[Rev. Link]

If I was the seller I would do the same thing. What's one negative feedback when you have hundreds? $90 more is worth it for one negative.

Sure, what he's doing is wrong, but it's the smart thing to do. If his eBay account ever gets closed it's a piece of cake just to open up a new one.

That's pretty crappy of you. You won't make many friends here with that attitude.

As for this deadbeat seller, here's my advice. File the complaint, but don't send him the money again. Make it clear to eBay that you tried to pay once (if you used PayPal that should be in their records) and he refused payment. If he refuses to sell, then neg him. And imo, even if he does ship the item, he doesn't deserve any better than a neutral.

[NESaholic]

What an asshat, i would mail cust.service of eBay and explain the situation.Neg him after getting responce form them,first check all options.

[anagrama]

By the way, it's really mature having your friends e-mail me with threats about my reputation.



To be fair to him, I'd totally agree with this as being well out of line - if I was involved in an ongoing dispute, the last thing I'd want is for a dozen vigilante DPers to send abusive emails to the guy.
It's not as if there's any way that's going to help the situation, and it'll just sour the guy against you even more. Sure, post your advice and opinions in this thread, but mind your own business when it comes to actually getting involved.

And yeah, that guy's an asshole, but it doesn;t look like there's any way he'll actually send it for that price. Neg him, report it to eBay, and then move on and forget about it.

[XYXZYZ]

I wouldn't take that "decent person" shit. Remind him what being bound to a legal contract means, and simply taking the initiative with the deal he proposed before you agreed to it does not imply any "decency". I'd point out that offering the item at $50.00 reveals his plan. (Holding out for more money, is there a name for that?)

Furthermore I think that if he's being honest about the crap with his parents, the thing to do in this case is eat it, ship the item to you and then face the music with them; his fight is with his mother for screwing up and auctioning her property, not with you. It was his mistake, if anything you sould get the item for $10.00 and he should supply his mother with the remaining $40.00.

[smokehouse]

Man, I can’t believe this guy really thinks that his “parent” story is believable. What a moron. This guy owes you the item fair and square. He didn’t put a BIN nor did he have a reserve, that’s his fault. Believe you me, if you were refusing to pay it would be your ass, make him sell you the item by any means possible (other than threats of violence). This kind of shit is what’s wrong with EBAY. Greedy fuckers who want top dollar for everything they have and cry when they don’t get it. And to come back with a higher offer? What does he think this is, Let’s Make Deal? I would send all that to EBAY. If he’s going to pull that garbage, he should be kicked off EBAY, no questions asked. If not, then every seller should be able to renegotiate they final price. Eventually EBAY would go out of business.

Man this kind of crap pisses me off.

[Funk Buddy]

If you wanted to you can now add selling outside eBay to the list. LOL That is unless they are going to put up an auction for $50.

[Insaneclown]

You dont list items by mistake. The seller is clearly a fuck nut.

Since you paid...you should get the item. What a chump...id be pissed off too.

[ChronoTriggaFoo]

He never replied to my offer, but his offer of $50 is a clear admittance to having wanted more for the item. Case Closed. Lets smear that clean record of his :angry:

[Griking]

To be fair to him, I'd totally agree with this as being well out of line - if I was involved in an ongoing dispute, the last thing I'd want is for a dozen vigilante DPers to send abusive emails to the guy.

Unfortunately this site is loaded with eBay vigilantes who think it's their duty to enforce eBay's rules. Sad but true.


And yeah, that guy's an asshole, but it doesn;t look like there's any way he'll actually send it for that price. Neg him, report it to eBay, and then move on and forget about it.

Agreed. The more you piss the guy off the less likely it is that he'll ever sell the item to you. Just leave him his negative if you must, move on and forget about it.

[VG_Maniac]

Well, I reported him to ebay and left him a neg. I warned him I would do it, and I was hoping that would make him cave in and sell me the item...but all he did was fire back with this "you're not being a decent person" crap, and "give me $50 and the sign is yours".

I'm still going to keep an eye out to see if he tries to relist the sign at a higher price. If he does, I'll report it to ebay, and hopefully they will take the auction down.

[fishsandwich]

Well, I reported him to ebay and left him a neg. I warned him I would do it, and I was hoping that would make him cave in and sell me the item...but all he did was fire back with this "you're not being a decent person" crap, and "give me $50 and the sign is yours".

I'm still going to keep an eye out to see if he tries to relist the sign at a higher price. If he does, I'll report it to ebay, and hopefully they will take the auction down.

Excellent! The prick deserved it.

I once won a Saturn House of the Dead game and two guns for $60... the seller e-mailed me saying I could have the game by itself for $60 or get everything for $80 since he "had expected the auction to go for much higher."

I left him a negative and didn't send anything.

[Kejoriv]

That really sucks. I would give him a negative and then forget about it. At least he gave you your money back. Some people would just keep it... He obviously thought it was going to go for more money.

[dcware]

You should have phoned him up and asked to talk to his mom (not stating your identity). He'd proberly say "she doesn't live here" or something. And even if she does live with him she will most likely understand the legal side of things than him.