I'm wondering if anyone has ever been in this position before. Earlier today I won an auction for a specialty A/V item, and promptly paid for it. The seller just emailed me saying it didn't sell for enough and he's going to relist the item, and that I shouldn't send payment (even though I already did, CC-funded PayPal).
The item is a specialty A/V item, which unfortunately means there is a pretty low volume of this item on eBay and just walking away and moving on to the next one really isn't an option.
Anyway, the auction I won was very badly listed and sold for less than $1,000. Comparable auctions are worth ~$2,000. Obviously, it's in my best interest to make this go through if at all possible.
Does anyone have any thoughts on how to strong-arm the seller into sending the item? Obviously there's no 100% way to do it, but if anyone has any ideas to help scare the seller into it, I'm interested in hearing them. The auction did *NOT* have a reserve.
Alternatively, has anyone ever taken a non-performing seller to court? I'm interested in putting some effort into trying to get this as quite honestly, I can't afford this item at the price it typically sells for, so if I don't get this one, there's a decent chance I'll never have an opportunity to own one.

Any thoughts anyone has would be appreciated

Just say if you don't send this item, I will fill a dispute and get your account banned.

If he has a good reputation, he'd send you the item

Start with the eBay complaints process before talking about small claims court. Have you actually filed an INR?

Unfortunately, the seller in question doesn't have much of a reputation to protect The joys of new sellers...
The auction just closed yesterday and we had only traded a few emails. When appropriate, I tried to provide links confirming my statements to the seller, but they seem to be convinced they are right.

Given that emails weren't being too productive, I gave the seller a call today and tried to discuss it with them. They said they have already discussed this with their attorney and they (the seller) are legally right. I find that hard to believe given that means they talked to a lawyer between Saturday night and Sunday morning on a holiday weekend regarding an eBay issue

I just filed the complaint with eBay, we will see if that does anything (unlikely) and I will be talking with my lawyer on Monday. I'm trying not to move too slow as obviously I need to get through this before they do manage to re-list it, but I also don't want to show bad faith.

Has anyone ever pursued an eBay issue with court/a lawyer before? Does the eBay agreement actually constitute a constitute a legally-binding contract? Anyone taken a seller to small-claims court before - what would I reasonably be able to sue for - the difference between the auction end price and the retail price? (I haven't priced out the exact system, but roughly $3500)

Also, would the suit have to happen in the seller's area, or would it be deemed that the transaction took place in my county - I'm sketchy on jurisdiction.

Yo Ma-Ma said:In my opinion, you are not going to get this component at the price level of your winning bid. The excitement and urgency you feel at getting a 2K item for 1K is there for the seller too (only opposite). Unless your lawyer is a friend that works for free, I wouldn't spend money on that, either.

I assume you have a long life ahead of you, and thinking you will 'never' get this item unless you win it off eBay right now at half price is probably not accurate. So, save up and look ahead to the next big win. On eBay, sometimes you get the bite, but you can't reel it in.

Well, it's not a lawyer friend, but basically legal-insurance, so there's no additional cost for me to use them.

Yeah...I know the chance of me winning on this is slim, but I am up for a challenge

I'm interested to know how this turns out. You need to call his bluff and take him down.

I thought the seller would have to have a "reserve" set on the item. Only then can he not commit for low price. I would report him because he doesn't have a leg to stand on. Read the seller non-performance policy on eBay. He read it and agreed to it..."When a seller lists an item and a buyer purchases it, the seller and buyer have entered into a contract that both members are expected to honor. For sellers, this contract includes both formal requirements, as well as informal, common-sense obligations to provide good service to their buyers."

eBay has the right to report him also to law enforcement. I doubt they really do, but you never know.

Remind him it's a binding contract and this isn't a videogame where you can hit "reset".

I've lost a couple dollars on things I've sold here and there. I generally don't mind if it's just a couple dollars. The way I figure it I just paid $3.82 for positive feedback and x # number of airline miles (because I use my mileage card for all cc expenses).

deathwish said:I won an auction once for a dining room set . . . it was a set that matched other furniture I had, and I planned to refinish it.

After winning the auction and sending the seller an email to arrange pickup, he informed me he had sold it . . . I said back 'I know, to me!' . . . I raised holy hell with eBay and his account was gone, and my dining room still had my old set.

In your case, with PayPal, it's a little more obvious, he sold, you paid . . . he took a gamble and lost . . . now it's just whether or not he's going to welch on that bet.

Get eBay involved . . . at the very least, get this punk shut down.

Some people can't afford to let things go for a low price, even if they list it in good faith.
I've listed things that have had depressingly low prices because eBay bidders suck.

Thankfully I can eat that loss. Some people can't.

Something like this should not be punitive. Did it really make you feel better?

I know, everyone will say if a seller can do this they should be banned. I would say only if they repeatedly do it.

post in the auctions forum for additional help/answers