Is a seller alowed to refuse to sell ?

[Reynet Trading 10]

Can a seller refuse to sell to me after i've won one of his auctions ?

 

We had a refund issue in the past. I paid for an item won on auction and he said it was sold somewhere else. End of the story- I had to wait 2 weeks for a refund

 

Well tonight I decided to bid on another of the sellers items and I won.

Now the seller sent me this email:

 

Dear

Buyer

As we dealt with you before and the experience was very unpleasant for both of us we would ask you not to make payment.

 

All I want to do is pay for the item and let the seller send it to me.

It can't be that bad , can it?:cry:

 

This is a verified seller and the item I won is at a very good price.

 

If he didn't block me from bidding can he refuse to sell to me?

 

Auction in question:

GENUINE Blackberry RED 8310 CURVE, UNLOCKED - Cheapest in SA / WARRANTY - NO HIDDEN CHARGES

Edited March 4, 2011 by Reynet Trading

[Vinyl Lady Decals 10]

Hi Reynet

 

Not as far as I know, he can't.

If he had a problem with you, he should have blocked you.

Also, he could have deleted your bid for the same reason and didn't, so as far as I know, he must honour the sale.

[bob admin 1]

Hi Reynet,

 

The seller "requested" you not to make payment. Should you wish to go ahead with the transaction, please do. Should anything go wrong, please send an email to communitywatch@bidorbuy.co.za with all the details.

 

Thank you.

[Reynet Trading 10]

Hi Andries

 

But what if I make payment and he say I must have contacted him first according to his listing:

 

This phone is also advertised on BoB at R1295 and we reserve the right to end the auction if it sells.

Please confirm stock availability before making payment.

We are selling good quality items and therefore they are priced to sell quickly.

Can't he just say I shouldn't have made payment and refuse to refund or drag it out ?

[bob admin 1]

Hi Andries

 

But what if I make payment and he say I must have contacted him first according to his listing:

 

This phone is also advertised on BoB at R1295 and we reserve the right to end the auction if it sells.

Please confirm stock availability before making payment.

We are selling good quality items and therefore they are priced to sell quickly.

Can't he just say I shouldn't have made payment and refuse to refund or drag it out ?

 

I also notice this in his shipping terms "All the phones on auction are also advertised at buy it now prices on BoB. We reserve the right to end auctions early and may withdraw items from sale if they sell on BoB." Every seller has the right to close an auction at any time, the listing the same item as buy now and auction at the same time if you only have one, is a no-no. Note to self, will have to ask Cuan if he has special permission to list like that.

 

He can not refuse to refund you, but, he can drag it out. My honest opinion, let it go, you will get assistance from community watch if need be, but sometimes it is not worth all the hassles. Your choice.

[Vegar 12]

This seller is definitely out of line!

 

Making up his own rules - listing the same item both as an auction and buy it now is, I firmly believe, against the rules!

 

Note the arrogance in dealing with (precious :-) buyers - like tough s...t.

 

Saying he will not deal with you because of an unpleasant experience while he was dishonest and sold the item to a higher bidder ... :notrust: this is 'victim' blaming.

 

I bet he got a better price for this item !!!

 

THE LESSON - NEVER DEAL WITH ANYONE with less than 99% positive - I ONLY look at the negatives and decide if it is worth the risk.

[Reynet Trading 10]

Here is a auction at an even better price

GENUINE Blackberry RED 8310 CURVE, UNLOCKED - Cheapest in SA / WARRANTY - NO HIDDEN CHARGES

 

I would really like to know if the seller is going through with this deal.

 

Or was this one sold somewhere else ass well :notrust:

[lilythepink 11]

This seller has been around since 2008 so he/she should know better!

[Reynet Trading 10]

This seller now filed a SNC against me - Seller and Buyer agree not to proceed with sale

 

Should I accept or appeal to this because I didn't agree to anything, he just told me he is not going to sell to me.

 

I think he should pay bob their Success Fee and not just get out of it with a SNC

[ATA STAMP CENTRE 48]

HI

I see the seller is still stating in his listing that if a certain item is sold elsewhere he will then refund you if you have then bought such item-This must surely be in contravention of the condition and terms of listing!!What about the terms and conditions on bob that each purchase is a binding contract??The seller is making a mockery of the trading conditions.

ADMIN this needs to be addressed-I recall something similar before and that the seller had been spoken too-not sure if same seller but if it is he is then laughing off the warnings!!!!!

NEIL

[Vegar 12]

This seller now filed a SNC against me - Seller and Buyer agree not to proceed with sale

 

Should I accept or appeal to this because I didn't agree to anything, he just told me he is not going to sell to me.

 

I think he should pay bob their Success Fee and not just get out of it with a SNC

 

I would appeal!

 

I agree that this is bad practice - making up their own rules - can you imagine what would happen if this was allowed? The contract works both ways in terms of commitment to the transaction.

[Seeds for Africa 18]

HI

I see the seller is still stating in his listing that if a certain item is sold elsewhere he will then refund you if you have then bought such item-This must surely be in contravention of the condition and terms of listing!!What about the terms and conditions on bob that each purchase is a binding contract??The seller is making a mockery of the trading conditions.

ADMIN this needs to be addressed-I recall something similar before and that the seller had been spoken too-not sure if same seller but if it is he is then laughing off the warnings!!!!!

NEIL

 

Agreed. It is nonsense, otherwise whenever someone is unhappy with the price obtained, they can say they have "sold" it elsewhere? As sellers we are always fastidious about the fact that it is a contract. It works both ways, and sellers are also accountable in terms of the contract to buyers.

[Libertas Computers 10]

Agreed. It would be tons of fun to put up everything on low-price auctions and if the price is not enough, "sorry, I run a business, I sold it today."

 

I mean, I just listed my first Crazy Wednesday auction, and I'm sitting in stress about whether or not I'm gonna get a decent price or not.... I'm not gonna say it's sold somewhere else if it goes for R1.

[SProducts 10]

According to teh way I see it, you bought from teh seller before. He doesnt want to deal with you anymore, if I were you I would just let it go and not pay. Maybe if you appeal the SNC and tell the admin you want the item but the seller doesnt want sell maybe due to price, I think they might accept your appeal and you can rate the seller negative for all your troubles in the deal.

[Libertas Computers 10]

According to teh way I see it, you bought from teh seller before. He doesnt want to deal with you anymore, if I were you I would just let it go and not pay. Maybe if you appeal the SNC and tell the admin you want the item but the seller doesnt want sell maybe due to price, I think they might accept your appeal and you can rate the seller negative for all your troubles in the deal.

 

I'd definitely appeal the SNC. A reason you can use is that the seller refuses to sell due to a low price as well as past experience, but have not blocked you. If you really want the item I would appeal, but if you feel that you can let it go, just let it go, but make sure you don't get rated..

[Reynet Trading 10]

you can rate the seller negative for all your troubles in the deal.

 

I will just end up with a negative myself.

 

I think it's better I appeal the SNC and let it be, at least the seller will have to pay his success fee.

 

Going to give it a month or so and if the seller still list his items as he do, I'm going to consider joining him in the R1 auctions.

 

Looks like a win win situation :whistling:

[Reynet Trading 10]

I'd definitely appeal the SNC.... but make sure you don't get rated..

 

I appealed, but how do I make sure I don't get rated?

[Libertas Computers 10]

I appealed, but how do I make sure I don't get rated?

 

I'm not so sure.. You must ask the proper sellers to answer that, but as far as I know you're not able to rate until the SNC is resolved..? I'm not entirely sure.

[SProducts 10]

I appealed, but how do I make sure I don't get rated?

 

Not 100% sure, but if you appeal the SNC and the seller is found to be at fault you will be allowed to rate the seller but the seller cant rate you. If they find nobody at fault then you cannot rate the seller and they cant rate you, if you are found at fault you cant rate the seller but they can rate you.

 

If you explain honestly, I am sure the seller will be found at fault as they dont want to sell to you and they have to come up with a valid reason and it seems they dont have any except excuses.

[admin 3]

Depending on the outcome of the SNC - will determine what ratings can be done and which are removed.

 

For example:

 

If seller is found at fault - their rating is removed, and buyer can rate neutral or negative.

 

If nobody at fault - all ratings removed and no one can rate as technically the transaction did not happen, therefore, you should not be able to rate.

 

If buyer found at fault - their rating is removed, seller can rate neutral or negative.

 

If you rated before you filed your SNC, depending on the outcome of the SNC, your rating may be removed or re-instated.

[Libertas Computers 10]

Depending on the outcome of the SNC - will determine what ratings can be done and which are removed.

 

For example:

 

If seller is found at fault - their rating is removed, and buyer can rate neutral or negative.

 

If nobody at fault - all ratings removed and no one can rate as technically the transaction did not happen, therefore, you should not be able to rate.

 

If buyer found at fault - their rating is removed, seller can rate neutral or negative.

 

If you rated before you filed your SNC, depending on the outcome of the SNC, your rating may be removed or re-instated.

 

And there you have it. Told you an expert should come explain. :wink:

[ATA STAMP CENTRE 48]

HI ADMIN

Thank you for the rating explanation but what about the contravention of BOBS listing policy by the seller in question.Even if you have to impose on CUAN during his break i think this is something that needs urgent attention.This seller is acting as a law unto himself and like our friend SHABBY SHAKER today found out, cannot be allowed to get away with this.

neil

[Reynet Trading 10]

 

If nobody at fault - all ratings removed and no one can rate as technically the transaction did not happen, therefore, you should not be able to rate.

 

 

This is probably how this SNC will end, but that mean the seller walk away without even paying success fees ?

 

All he lose is R5 for the crazy Wednesday listing ?

 

Will be interesting to know how many ' buyer and seller has agreed not to proceed with the sale' SNC's this seller has filed in total.