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Unpaying Ebay Bidder

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Jez79, Jun 4, 2008.

  1. Not sure if this is inn the right area but really need some help.

    A girlfriend of mine listed her zx2r on ebay with reg, but no roadworthy with a buy it now price and someone bought it. But when they went to pick it up, they pulled out of the agreement saying they had a verbal agreement that bike had not been written off. It hasn't been on the register but apparently has evidence of frame welding, even though a melbourne bike dealership RWC'ed it just a few months ago.

    The problem is she is heading OS in 6 days and is freaking out.

    Anyone got any ideas of what we can do? Tried calling the guy to remind him that he had entered a legally binding contract, but the phone call went nowhere..

    Any advice appreciated..

  2. Not much you can do here. Undisclosed repair could be good enough reason to opt out of the deal. Even if your friend was unaware of it.

    Might be an idea to have it RWC tested...If the costs are within scope, then sell it with an RWC
  3. Ok, by accepting the bid, the buyer accepted the item, and entered into a legally binding contract as stated above.
    As such you could sue for performance (he buys the item) and / or damages (you would need a "loss").
    I'd try writing him a letter that "suggests" you have sought legal advice and WILL persue him.
    Now, assuming that you won, it would cost $$ to follow through on, and would take time.
  4. Unfortunately, there is nothing you can do, other than go through the ebay channels, which will only end up with the non paying buyer getting a strike against him.
    Did you inform him the bike had frame welds before he bid?
    Non disclosure of information may even see him not get a bad strike from ebay.
    At the end of the day, your GF is NOT out of pocket for anymore than the $30 it cost to advertise on ebay. Suck it up and readvertise it, making sure you fully disclose any repairs that have been made.
  5. You see this is where I disagree.
    The frame welds are irrelevant, presuming the vehicle was accurately described and is roadworthy.

    She has suffered a major loss in that she does not have the $$ from the sale, and was relying on them.

    Thats the case I would run.
  6. Be realistic, would you buy the bike had you have known the frame had been welded?? Cause I wouldn't.
    We really need to see 'what' was contained in the advert to form a more objective opinion. But I agree with Caz .. them's the breaks
  7. I agree we don't have all the facts. Just suggesting how I would (possibly) handle it. But I'd also advise that it would cost $$ and with a 50/50 chance of success.
  8. And without a RWC it should only have been listed by it's engine/chassis number. No mention of rego should have been made. You can actually be fined for advertising a vehicle listing its rego number and/or rego expiry if you have no intent on selling it with a valid RWC.
    If it was advertised as an unregistered "as is" vehicle then they couldn't have complained about the weld.
  9. +1 on JD's response.

    No RWC - No Rego! Quite simple really.

    Obviously there are ways around it - but it only leads to complications, as you have found out.
  10. I have sold bikes on eBay.
    I suggest you complain to eBay and expect nothing to happen.
    Then readvertise it without the buy it now and pray someone comes through.
    I was in contact with 6 potential buyers when I advertised my RF900R so they were sorted out before the auction ended.

    It was a similar case whan I sold my pannier kit a couple of months ago.

    Maybe I was lucky. Maybe I didnt offer people false hope.
    Both buyers are very happy.
  11. I've seen a lot of bikes get a RWC without being roadworthy - personally I would have run from the sale too. Especially with the shonky (or seemingly shonky) business of selling as registered in Vic but no RWC.
  12. Yeah, complain to Ebay, and in a few months they may send a stern email...
    I would cancel teh sale on Ebay, and send out a couple of second chance offers to teh next highest bidders.
    I had a career fcukwit do this thing to me on Ebay when seling a Valiant, I descriped it perfectly, he went over the car for an hour and finally found some reason to back out of the deal. Ebay actually cancelled his account.

    Regards, Andrew.
  13. Do you have his real full name and details?

    Otherwise I suggest you give it up as a lost cause.
  14. Forgetting about the legal issues / eBay laws I would think your best course of action is to sell it by other means. It's an issue that would make me think twice about a bike ESPECIALLY if it is sold without a RWC (regardless of legalities of doing such, ie you selling in VIC without RWC or the buyer refusing the sale).

    I don't feel it would be worth your while to pursue the "buyer", yes you have to take certain risks if you buy without looking, but at the end of the day the transaction is never complete (and I never hand over the goods) until you have money in your hand/bank/paypal account.

    Suck it up, sell it another way, don't waste your time. It sucks. Life sucks. If it's a good bike it'll sell. If it's a lemon, he had a point.

    There are positives and negatives with selling the way you have. you just met a negative.
  15. eBay has a 'second chance offer' when the winning bidder doesn't pay. Try that to offer it to the 2nd highest bidder.
  16. There are no other bidders, it was "buy it now"
  17. sell it to a bike shop and get raped.
  18. Smythe v Thomas [2007] NSWSC 844

    NSW Supreme Court, fair precedent. In this case the eBay seller refused to follow through but it works both ways. Read about it at;


  19. You got a link to the auction? I just did a search for ended items based on this bike. Didn't seem to find this particular one.
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