Ebay Seller trying to renege on sale

[wds]

Purchased a phone last night - sale ended long after I went to bed so I set my price and went to bed.  A couple hours before the auction ended, the Seller sent me this email:

"Hi I am sorry but I cannot let this phone go for that amount of money. I didn't get to place a reserve on it, it's been about 6 months since I've been on and with the new changes I couldn't find where the reserve was and accidentally put the buy it now thinking it was the reserve so please understand and cancel the purchase once the listing is over thank you."

First problem, this seller states he has not been active for 6 months, but he is still an experienced Seller as indicated by his feedback.  At the time he sent the email, I think the sale price was about $1, but then the snipers stepped in and drove the price up to $26 at the last minute.  6 bids, 4 bidders. 

I feel like the Seller should honor the sale - what do you think?

http://tinyurl.com/kfv2u3f

Note: Photo added... DavePEI

[WEBellSystemChristian]

He should let you have it, his mistake, your victory. My Dad tried to buy something on eBay, but just after he won it, the seller reneged the auction, saying he was "New to eBay", and didn't want the item to go for that price. After a few days, the seller was selling that item again, for the same price

[wds]

I've purchased several phones for 99¢, and never had a Seller try to void the sale.  I think he want's all the upside from selling at auction, but no downside.

[Matilo Telephones]

I think the seller has to honor the sale. His mistake/bad luck. But I think his story has a high degree of bovine feces.

I'd certainly put in a complaint with ebay. Dunno if and how that is possible, as I'm not an ebayer.

Or better still, explain that you will complain to him if he doesn't hold up his end of the bargain.

[twocvbloke]

When you buy an item on ebay, you enter a contract, as does the seller, so you can challenge their attempt at withdrawing from the sale by legal means, or at least threaten to, if a seller claims ignorance, then that is not a good reason for breaking the contract of sale...

[TelePlay]

The seller currently has 5 or 6 other items for sale on eBay with the lowest starting price of $200 and the highest over $5,000 so the seller does know how to set a high starting price. These are also all BIN auctions.

He started this phone at $0.99. That's what he was willing to accept. He made the offer to sell, several people bid over $0.99 meeting and exceeding his offer to sell. The auction ended. The sale price was $26. The seller has an eBay contractural agreement to sell and ship the phone to you once money is paid. IMHO, you were the winning willing and able buyer who met, and exceeded the seller's price. It's your phone.

[wds]

I just noticed something else incorrect about his claim - he said he put a BIN on the item, but it was a regular auction starting at 99¢, not a BIN.  I went ahead and paid for the item and sent him an email expecting him to honor his commitment.  If he tries or succeeds in cancelling the sale he will get the appropriate feedback.

[twocvbloke]

Some BIN buttons disappear when someone bids, so there may have been one, but it was gone when a bid was placed...

But still, you won fair and square, if they messed up, then that's on them, heck, I've messed up with my own auctions in the past and ended up losing money, but I didn't back out of honouring the contractual agreements...

[Contempra]

I'm an ebayer. not a seller but a buyer..in the case of a seller, It shall honour its sale of an object regardless of the selling price. It is the law and the buyer should even complain about that.

[wds]

I was first bid on the item, and there wasn't a BIN.  Seller is very confused.  I think he was spooked since it was still at 99¢ going into the final stretch.  I've seen that many times and in the last 10 seconds the price explodes.  This time it exploded for grand total of $26.

[twocvbloke]

Well, just remind him of his legally binding contract, which is legally tight enough that you can release the hounds as it were...

[wds]

I could release this hound, but about all he would do is beg for more food.

[twocvbloke]

Unless he's a lawyer, then yeah, he'd probably not do much good...

[Dennis Markham]

To list it for 99c means he paid a low listing fee.  I think he would pay a higher listing fee for a Buy It Now.  Perhaps Doug can weigh in on this as he sells a lot of eBay. 

I don't know anything about that phone but I'd say it probably sold for what it's worth.  The world had a chance to bid on it and only bid $26.  The seller should honor that sale.

[Tom B]

I have to agree with the trend here. You won the phone fair and square. The seller should play by the rules.