Seller pulls out, but I haven't paid yet - Can I hold them to it?

Vikzenne

~V~
O.G.
Sep 10, 2006
254
0
32
Hong Kong/England
A bit of a weird situation came up with my paypal - I couldn't pay because I hadn't taken the steps to lift my limits yet, and this was going to take 7-10 days. The seller then emailed me today and said that she was sorry but her baby had bitten and drooled on the bag. It sounds plausible, but then that means I would be losing a really good deal.

Do I have any right to ask for proof, and if she won't give it, do I have any right to hold them to the bargain, even though I can't pay yet (but have every intention of paying?)
 

sara_g

O.G.
May 12, 2008
498
1
LA
Well, I think you're dealing with a bit of a gray area that is a matter of your personal beliefs. Theoretically you could say that you still want it and refuse to agree with a mutual withdrawal unless she sends proof. However, the fact that you are unable to pay within 7 days (which is required by the agreement you made on ebay), I personally find it a bit distasteful to accuse the seller of lying and insist that she provide proof of the bag being ruined when you have already admitted that you're unable to uphold your end of the deal by not being able to pay in the allotted time.
 

Vikzenne

~V~
O.G.
Sep 10, 2006
254
0
32
Hong Kong/England
Hmm Ok thanks guys! I agree - I already emailed her saying it's ok, because she's actually been pretty nice, and she sounds credible. But I guess there's a difference between backing out because I can't pay yet, and backing out with another excuse because she wasn't happy with the price? (Although it was a buy it now)

Theoretically would the situation be any different if, say, right after the auction, she had emailed me with this reason, and I hadn't paid yet, but was able to do so immediately?
 

ironflower

Member
Jan 1, 2009
15
0
durham, uk
It is a grey area, and with the case, I'd agree with the others and let it go... but I have had similar problems myself and have had to contact eBay -- they tell you that the seller has entered into a contract too: they are contractually bound to sell you the item. Granted, I see you admited that you couldn't pay, but in other cases, ie) where you would or have already paid within the 3 days, in theory you can hold them to it.

Be warned, in practice it is MUCH different - I've had 2 sellers in the past week refund my payment and go AWOL, no answers to my emails, nothing, and I can't do anything. I've never had a problem with eBay up until now, but this is making me seriously rethink whether or not I'll keep using it.
Moral of the tale? Grey area. 100%. Try and keep it friendly, and like I say, this seller seems nice, and the situation amicable. Let this one go. :smile:
 

Vikzenne

~V~
O.G.
Sep 10, 2006
254
0
32
Hong Kong/England
I scored a really good deal ($1720) on a gently used 08 medium classic lambskin flap the other day! But then, I tried payin and couldn't because I hadn't lifted my limits on paypal yet (grr...so annoying). I emailed the seller and told her about the problem and that I'd keep her posted. She then wrote back to me and said that her baby son had actually chewed up and drooled on the bag, so she couldn't sell it to me anymore.

I guess it's my bad for not being able to pay, and it really does sound possible for a baby to have done that. However, it does seem to be a bit coincidental.

I'm a bit bummed. I'd feel bad holding her to the bargain b/c I can't pay her til the limits are lifted in like 3-4 days (apparently) But then 1) I'm missing out on a gd deal and 2) If the baby wasn't really the reason (I'm on the fence about this one), and it was actually my inability to pay immediately, I wish she would be straight with me.

What do you guys think?
 

japskivt

Member
Jul 11, 2006
5,369
1
NYC
It is possible, my DD took permanent markers to a bag I was selling once. The highest bidder at the time gave me such a hard time (the auction hadn't ended yet). If you think its because of the paypal limit, you could always write a nice e-mail reassuring her of the problem. Otherwise, you just have to accept what she said and hopefully find another bag at a similar price.
 

MIffy27

2 many Chanel bags!!
O.G.
Jun 24, 2007
2,808
75
Chanel Land
I had an ebay seller telling me that her dog damaged the Chanel bag I won (gold madison for $700, a deal too good to be true). I didn't believe a single word she said. That said, I am a suspicous type so she could be telling the truth? :lol:
 

sdnoobie

I shop a little...
O.G.
Dec 22, 2006
217
0
So. Cal
Yep, I agree. You didn't forsee the PayPal situation, and she didn't forsee hers with the baby...not ideal for either of you, but nobody's fault really. :sad: Sorry it didn't work out!
 

missD

O.G.
May 29, 2006
3,270
1,450
Keep an eye out for the sellers auctions. She might relist it again...
 

j0lie

O.G.
Jan 27, 2007
126
1
If you felt that you've been cheated on the auction, then ask the seller for proof pics on the condition of the damaged bag. Otherwise, tell the seller that you will leave her a neg. feedback. :thinking:
 

mmmsc

O.G.
Feb 1, 2007
9,367
27
USA
You can't force a seller to sell you something even if you won the auction fair and square, but if they won't sell it, they can be reported for non performing seller and given a neg. In this case, I would just agree to mutual withdrawal and move on, since neither one of you can honor the deal.
 

chloe-babe

O.G.
May 1, 2006
17,391
300
United Kingdom
I would push it slightly more ;)

Say, well can I see the damage on pictures please as I may be able to live with it as I love the bag so much!

Atleast then you would know for sure if she is telling the truth