What would you do??? - Page 2

The seller might be lame but I think your friend is more of a jackass trying to bully the guy out of his bike. Honestly, I dont see him even getting the bike. Its not your buddys bike. The guy still owns it and your buddy is going to sue him to take his property?

Quoted from Ebay itself

quote:

What buyers can do if they feel a seller has violated the seller non-performance policyIf a seller has refused to complete a sale and payment has not been sent or payment has been refunded, report the seller. When making your report, include a copy of the email documenting the seller's refusal to complete the sale with the full message text and complete email headers.If a buyer has paid for an item and has been unable to receive the item or a refund, or believes the item was significantly misrepresented, they should refer to the item not received or significantly not as described process.  Buyers will also find instructions that will allow them to contact eBay to report the seller on this page.Buyers also should use eBay’s Feedback system to leave comments and detailed seller ratings regarding their satisfaction with a transaction. Note: Eligibility for buyer protection services is determined by the payment method that you use and the eBay country site where the item was purchased. You can review how your purchase is protected on the item page.You can only open a dispute through the specific eBay country site where you purchased the item. If you try to open a dispute on an eBay country site other than the site where you purchased the item, you will be asked to continue your dispute on the appropriate eBay site.After receiving a report, eBay will consider the circumstances of the alleged offense. If a complaint cannot be proven with certainty, it is possible that no action will be taken. Due to privacy issues, eBay will be unable to discuss the result of the investigation.If a seller is no longer able to complete the transaction because the item is no longer available for trade, the seller may consider contacting the buyer, explaining the situation, and attempting to reach an amicable resolution. While eBay encourages the buyer to be open to a reasonable resolution proposed by the seller, the buyer is not obligated to agree to any such proposal.

I bolded everything that I think applies. All that going to happen to the dude is hes gona get kicked off Ebay if that. Your friend is wasting his time.

What if I told you I sell you my bike for whatever the price but then I change my mind? What are you gona do? Sue me?

^^^ I appreciate your position, but a contract is a contract bud.  You may think my buddy is trying to bully the guy out of his bike....the guy had ample time to stop the auction or even deal with this like an adult instead of being immature, and ignorant in his responses to my friend.  And attitudes like yours is the reason we have to deal with stuff like this, if everyone thought they could back out of every deal they ever made....this world would be an even bigger mess. I mean as it is people think there is no consequences for their actions, and its ridiculous the way people conduct themselves in modern society.

And as for your comment about making a deal to sell a bike for a certain price, then backing out....yeah you could be sued if a formal contract was written.....and guess what, you'd lose!  My buddy already offered the seller an extra fee (VERY VERY GENEROUS FEE) just to help out dropping the bike to be shipped, and the guy came back with an ignorant answer, so my buddy is now irritated with the whole situation more than anything.

Well when your buddy comes out empty handed I expect an apology.

Nauree, there are plenty of remedies for contracts...including specific performance which is an equittable remedy or of course monetary remedies....my contracts is a bit rusty...but take this for example....

You offer to sell me your bike for $1000....the fair market value of the bike is $4000....a valid contract is entered into, signed and whatnot...

a couple things can happen in a court of law...first being the judge can order specific performance requiring each party to fulfill their obligations as to the contract meaning I pay, you give me the bike...if you damage the bike, i can recover costs from you to make it right again...

second, if you refuse to turn over the bike (and if the judge doesn't decide to slap you with a violation of a court order)....he could order you to compensate me for your withdrawal from the contract....you would essentially owe me $3000....the fair market value $4000 minus less the amount you would have received $1000....if you think about this logically, this puts the parties in the position if the contract HAD been performed...

either way a court is not going to stand idly by and let a valid contract go unenforced just because you mad a bad deal....either you will be order to surrender the item in question upon payment by the other party, or you will have to compensate him as if the contract HAD been performed...

i would imagine a judge would award atty fees as well seeing as the party wishing to break the contract without cause is the cause of the suit....

Nauree as I said, I appreciate your comments...but I can guarantee I wouldn't apologize either way!  I mean, I'm just as welcome to your opinion as you should be to mine, and if you're going to come in here just to put your 2cents in and not expect to have someone be opposed to your ideas....please keep your comments to yourself.  I won't argue over this, I was just seeing what others thought of the situation, and not once did I attack or insult you.

Thanks

I think the seller is a huge douchebag. I sold my first item on Ebay a few weeks ago, and I was able to figure out the whole "reserve" and "buy it now" thing. If that guy didn't want to sell his bike for way less than market value or blue book, then he should have put a reserve on it. I hope he has to give up the bike at a loss as punishment for being so stupid. There's my .02.