OT any lawyers here I have a question

slick

Active Member
I put my 29 tank for sale on ----. A user won the auction and then refused to send payment is there anything I can do?
 

buzz

Active Member
Not a lawyer, but question...I take it you all ready shipped it to them? I always preface my auctions by saying I will not ship until payment is received. This is exactly why...
If not, then just post negative feedback on them, and re-auction it. May not be worth the money to pursue...
If so, I hope there is some legal action you can take. I hate hearing about people being stiffed like that...
 

radioactive

Member
Slick '
sounds to me like the person ate a "retard sandwich "and is some need of wall to wall counceling..... good luck
 

timsedwards

Active Member
read the small print where you put the bid, it tells the buyer that a bid is legally binding. Point that out to them.
All the best,
Tim.
 

ags

Member
Legally speaking you offered your tank for sale at a specific price and the bidder accepted. These two acts form a binding contract. So legally, yes, you have a cause of action. The real issue is not whether you have a binding contract but whether it is worth your time and effort in pursuing the claim. In my professional opinion, and yes I am an attorney, it is not worth your time, energy but more importantly money. The only vindication you have is filing a grievance against the bidder which does little.
 

slick

Active Member
It's ok I guess I got his phone # and was thinking of posting it here and have all you guys help me harrass him. You know the saying pay backs are a

[hr]
. LOL
 

wolffam

Member
Make sure that you post the negative feedback and I also believe there is a form to file with ----. I believe they will issue something to the person and possible have them removed from ---- if other people have complained. HTH
 

wolffam

Member
PS. By the way. Was there any other bids? You do have the option of contacting the next highest bidder if you accept there bid and completing the transaction with them. I have been the second highest bidder on one occassion, when the highest bidder did not pay within the time frame and I was contacted and complete the transaction at my bid price. HTH
 

yellowfin

Member
I agree with dave flood. What goes around, Comes around!!!He'll get his... Move on Buddy don't waste anotherbreath on him..Be the better person..Leave the feed back and move one.. Fool me once shame on you, Fool me twice shame on me.. LOL MJ
 

prater

Member
Slick,
Sorry to hear that, it burns me too when this happens. I buy and sell there, and have only had one neg feedback. It was a retalitory resonse from a non-paying member that I filed a complaint on.
Phil1964,
There are things to buy and things to pass on.......If you ever do go to ---- check the feedback, and you should never have a problem. You hear of a few problems but never hear of the millions of positive transactions.........
 

ags

Member
This is why I never buy anything via online auction sites. I think the system is flawed in that no matter how the transaction is handled, pay first then ship or ship first then pay, there are going to be the unsavory types who take advantage of good, honest people. Practically speaking the best way to fix the problem is through some sort of escrow or holding account. Once shipment and payment confirmations are received then the escrow or holding account would release the payment. This has its flaws too but at least some piece of mind can be obtained. Doesn't quite help Slick's situation though. Sorry about your experience Slick.
 

barry769

Member
If you do go through escrow, just make sure that it is something legitamate like escrow.com There are lots of cases now where the seller tries to make himself trustworthy by offering escrow, but instead sends you to a fake escrow site which the seller owns. Then you not only end up paying without getting your item, but you just gave the seller your credit card information. Also, never buy from an auction where ************* is the only way of paying, its a scam 99.9% of the time
 
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