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Discussion Starter #1
Say you find this mower on ebay and the seller represents it as 'new' condition AND delivery is 'free' AND you have a seven day refund period;

1) If you bid and the seller refuses to allow an inspection does this get the bidder out of the deal?

2) If you bid and inspect but find the item is not as listed does this get you out of the deal?

3) Is the offer of free delivery binding, and would this also be a deal breaker for the bidder if delivery is not provided?

4) What is the safest manner in which to pay?

5) If the refund is refused what can the bidder do?


Thanks in advance.
 

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The Magnificent
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The safest way to pay is PayPal. It is no longer preferred by low volume sellers because it takes a while to get paid.

You can file a claim with Ebay and or Paypal if any of the listed terms or conditions of an auction are violated.

Please refer to Ebay and PayPal's terms of service so that you will hear it from the horse's mouth.

Personally I won't bid before I look at a big ticket item.
 

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I Love All Color Tractors
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In short the answers, as far as I know are:

1. No. Bids are legally binding contracts.

2. No. Same as #1.

3. Binding, I don't know.

4. PayPal, definitely.

5. File a claim through Ebay and PayPal.

In short, use PayPal whenever possible and be absolutely certain before placing bids.
 

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In short the answers, as far as I know are:
2) If you bid and inspect but find the item is not as listed does this get you out of the deal?

2. No. Same as #1.
You must be joking. "The auction is a contract" An item that is NOT AS ADVERTISED is the very basis of "breaking a contract"
 

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I Love All Color Tractors
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Discussion Starter #6
Thank you all.

I did end up bidding on an '04 475 JD, in 'new' condition, with a hydraulic front blade, sort of local. When I placed the first bid-item was at $1,650, I was immediately notified that I had been outbid. I place a second bid at several hundred over and again I was immediately notified that I was out bid.
A third bid was placed at $2,550.00 and I was notified that I was the current high bidder and that the bid had been accepted.

In about 1/2 hour I received an email from ebay loss prevention notifying me that the item had been removed and that I should avoid any type of non ebay purchase.

Anyone know what is going on here?

My first encounter with ebay was 'interesting'.
 

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There are a series of scams going around Ebay and Craigslist.

The simplest explanation is that they advertise a great deal on name brand tractors with low hours. Sometimes it's accompanied by a sob story to explain the low price.

When you ask to inspect it beforehand, they say it is crated and waiting at a shipping depot. They tell you to send the money, often through "fair deal" or something, and you will have 30 days to get a refund once you inspect it.

Some things I watch out for:
1 - Rediculously low prices. "If it's too good to be true....." Exception: If I can inspect it and cash and carry.
2 - Rush deals. "I am moving. It's got to go. Send the money, if you don't like it I will refund. Etc..."
3 - Ebay sellers that don't usually sell that type of item. I look at their other items and previous sales. One guy was selling a new tractor and had previously sold only religious items. I thought it was odd that he now had 5 tractors for sale as well.
4 - Ebay listings that say "Don't use Ebay's 'contact me'. Email me at [email protected]". That means that they may have hacked into someone else's ebay account and don't want the actual account holder seeing the email questions.
5 - Second chance offers. Sometimes they will offer the tractor to you and say that the winning bidder didn't want it and you can have it if you pay right away.
6 - Free Shipping. Sometimes they mean "Free for you to come pick it up."
7 - Your local Craigslist showing items for sale rediculously far away. They know you won't come look at it. They want you to send the "low" money and they will ship it to you free. You may never see a tractor or your money.

I hope these help. :goodl:

Of course, the seller may have gotten a local offer he couldn't refuse so he just cancelled the auction. From your description, I would say that the actual Ebay account holder notified Ebay that he didn't list the item so that's why it was cancelled. Now Ebay Loss Prevention is warning you not to make a deal for it outside of Ebay.

:thThumbsU
 

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If you pay via Paypal and you don't get what was advertised, then Paypal will side with you and a refund will take place.

If you pay with Visa or Mastercard and you never get the item promised, then they will side with you also.

If you go to the where the Seller has the item and pay cash, only to find afterward that it wasn't all that the Seller said it was, then you're on your own.

As a rule, anything a Seller says in the ad must be lived up to by the Seller or that is just cause for a Buyer to refuse payment. e-Bay encourages Buyers to TALK to Sellers well in advance of the close of the auction so that there are no surprises. The feedback a Seller receives is an important tool for a Buyer to assess the kind of person s/he is dealing with prior to placing a bid. But keep in mind that people are people and no Seller is ever likely to satisfy every single person that buys from them. There's always one nutbar out there that will spoil your perfect record.

I've done a few hundred e-Bay deals in the past and for the most part, have been quite satisfied. Generally speaking, 99.9 percent of the Sellers are honest folks and many try really, really hard to please Buyers. Communication is the key.

However, I've also uncovered several scams on e-Bay and reported my suspicions immediately to e-Bay's Trust and Safety division. They acted on my tip right away and whenever they didn't like the smell of the listing reported, it was taken down within hours of me contacting them.
 

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Discussion Starter #9 (Edited)
I'm learning fast.

Why doesn't ebay give an explanation for the removal?
Of course I had no intention of sending payment, rather I would have insisted on paying at time of satisfactory inspection.

What I did forget to ask, is there a way to check whether or not a piece of equipment is stolen, other than contacting the local pd???

Since there is apparently no real binding obligation on part of the seller, does it follow that anyone placing a bid can simply decide to back out whenever he/she wishes?

I guess the simple quesion is, just what tools do ebay and the 'seller' have to force the person who bid to make payment?

Thank you all for your time.

Forgot, if an item does not state- no reserve- does this mean that there is no reserve?
 

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The Magnificent
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Fraudulent sellers have been prosecuted by the authorities.

I have never heard of a non-paying bidder having anything other than negative feedback left.
 

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Just be careful even with paypal. I bought a few things from someone on ebay, had great conversations with him until I paid using paypal with a credit card.he never sent anything and I filed a claim, e ven submitted emails he sent me as evidence. Paypal took their time and in the end only would credit me money they could access from his account balance, about 300 out of 1000 I paid. They said that was all they could help out with and that they would.suspend his account. Usually now I only bid on things that are close enough to go lool at and pay cash with. I also got ripped on some unopened baseball packs.I opened them and found proof of tampering but paypal declined to help out because - couldn't prove that I wasn't the one who opened them up when I got them. Paypal is just a big moneymaker for ebay, as long as they get their money they could give a crap less about you!
 

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I lost $90 on an Ebay purchase.
Even PayPal does not guarentee anything. There is some Insurance you can buy with some Electronic purchases, but they wont insure anything from anything that's not new or from certified Re-sellers.
On Ebay, your on your own. Buyer beware!
 

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I sell on ebay too and the "free delivery" usually pops up when you don't state a shipping price because you state this is pick up only.

For $65 I pay with pp or MO, for $1600 I pay with cash at pick up and if not as advertised then the money stays in my pocket.

No one will ship you anything that weighs 1200 lbs for free.

If you are not willing to hook up your trailer and go pick it up why are you even concidering it????????????

If you are conidering a high dollar item then you should have had at least two emails with the seller and if he isn't willing to accommadate then you need to pass. An ebay bid is a contract, it may be difficult to legally enforce however it's at the very least an ethical contract by both parties, the fact that this is even at question is a shock to me.

The death of common sence.

Scott
 

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An ebay bid is a contract, it may be difficult to legally enforce however it's at the very least an ethical contract by both parties, the fact that this is even at question is a shock to me.
As I understand it, some people have successfully sued for contract enforcement. In order to get out from under that contract, the Buyer must prove that the Seller did not live up to his/her end of the bargain.
 

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As I understand it, some people have successfully sued for contract enforcement. In order to get out from under that contract, the Buyer must prove that the Seller did not live up to his/her end of the bargain.
Understood. The point obout difficulty is the cost of a suit. Even small claims requires in most states a 10% filing fee and if out of state the cost of showing up a hearing will make it not worth pursuing. A retainer for an attorney will cost more than the value of most GT purchases. Now if talking a $35K auto or truck? that's a different discussion.

Scott
 

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Discussion Starter #17
I'm am really not as surprised by the probable scam as I am by the lack of information given to me by eBay-I wasn't expecting any names/addresses but a clear statement as to what they found out or suspected would have been nice.

What their response shows me is that they really don't give a darn either.
 

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I've found that e-Bay has become so huge that you cannot make any headway with anyone. Everytime you write to them, you end up getting some dumbass form letter back from a different person. I've pretty much given up trying to get anywhere with them, especially on small issues. At one time, they used to have the "Live Help" feature but even that's gone now.

Their policy is that they will not discuss any part of the process with you and provide details. They will not tell you if they took any action against a Seller or a Buyer or what that action might have been. e-Bay makes a ton of dough off the Power Sellers so as a Buyer, you've got little chance of getting a fair hearing against one of them.
 

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ROJ
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another reason sellers such as myself dont care for pay pal is the fees,you get charged a percentage of the money you receive thru pay pal and believe me it adds up.when ebay gets done with their charges and pay pal gets done with theirs,its amazing how much of your money they get.another note,you can no longer leave bad feedback for a buyer,its positive or none,a buyer can leave any feedback they chose and can fill out a survey on the seller but the seller cant even leave bad feedback for a dead beat bidder.
 
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