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I'm getting real sick of people not paying for auctions on ebay that they won and I have drawn the last straw. I had for sale on ebay with a buy it now of $4,995.00 and the buyer used the Buy It Now and has never paid nor contacted me. eBay states that when you place a bid, it's a "binding contract". Will that contract hold up in court if I go after the buyer who has not paid in court?.

It's more of making a point, then getting the 5K. It's just a waste of my time and money, even though ebay offers to get your "Final Fee's" back thru filing a Non-Paying bidder. The other problem is, eBay does NOT give you your "Listing Fees" back. I listed it at the top of the page (Featured Listing) and it cost me over $35 to list the auction, but if I relist it and it sells again, they will give me back my insertion fees back..... What a bunch of crap.

Anyway, Let me know your thoughts about taking this Fraudulent eBayer to court and the chances of winning!..

Comments (10)

You can find lots of information on this issue on ebay forums. On ebay website on the top menu click community > discussion boards and pick a forum. Alternatively you can click community and then choose "answer centre" and search for related topics.

I would simply go to this forum and copy the text there:

Comment #1

Thank you for the Help. I will check it out..

Comment #2

Jamie -.

I cant imagine you'll be successful with a lawsuit against the ebay buyer. Who is even to say if this buyer used any kind of real information when setting up an account? Or is even in a country where a lawsuit would effectively push them. Unfortunately it's just how it goes. Did this buyer have feedback? If not, next time put a ebay rating requirement (i think you can do this). Anyway... in all honesty...

Theyll give you your money back, I have no doubt...

Comment #3

Thanks for the advice. The buyer has 5 feedbacks. The next time I list a Buy It Now, I'm putting on the feature that they have to Pay first, for the auction to end. I'm sure it would be hard to get anything done about it! I will go thru the process that ebay has in place and file the Non-Paying bidder.

I still do not know why they would not give my listing fees back. That's a bunch of crap!!! They state, that if I list it again (and get charged again) that I would get my 2nd listing fees back (IF) the auction sells again. What, then go thru the process again and have the second person not pay and I would be out $70!!! The point is, they (ebay) still has my $35 + dollars and I can't get that back. That is fraud to me. eBay stold my $35 bucks, and one of there fradulant user's ended my auction with out paying! I see no reason why ebay can't give me my listing fee's when somebody does NOT pay for an auction. They only give back the 5.25% ish of the Final Fee's of the auction that ended.

EBay is VERY WRONG for keeping "Listing Fees", when a buyer does not pay. I don't get it..........

Comment #4

They never give listing fees back. I put up 2 items which never sold and relisted them like they said for no charge or fee. Yet still had the money taken out regardless. I didnt put up the 3rd time because of being fed up and it only be like $7.20. They said I had 90 days to reuse that amount to use on relisting items...

Comment #5

They don't give you listing fees back because they provided a service for which you used. You may not see it that way, but legally speaking, they offered you a service at a set price, you agreed to that service and price and in the end, whether the buyer paid or not, Ebay still provided that service exactly as agreed upon. It's not their fault that a buyer doesn't pay...

The only way for you to sue them is to get their information and file a case in small claims (upto $5000), assuming they live in the country. They may even need to live in your state to file small claims, I'm not sure exactly how jurisdiction works with that. But legally speaking, the only thing you could sue them for is any amount of money you lost due to them backing out of the deal, which would essentially be the $35 you put up in listing fees. The only way you'd be able to get the $4995 is if you could prove that you had other parties who were ready to buy the domain for $4995, but due to the buyer entering into a contract with you, which he did not honor, you were ultimately unable to sell the domain. Which would be almost extremely hard to prove even if that were the case, which I'm assuming it is not...

Comment #6


How long have you been with ebay...

How much feedback do you have..

All this could count in your favor if you ring them and tell them the issue and say you are sick of buyers not paying for items.

I am sure in a real live auction if a buyer does not pay for an item you do not pay for the item to be auctioned off...

I agree ebay should refund you the $35.00.

But then again ebay is a big company and us little people do not really count because their is always another person ready to list their item on ebay.

If ebay cares about their customers they will give you a break..


Tom Dahne..

Comment #7

Thanks Tom, I agree. It would be the Right thing for ebay to do.

I have been selling on ebay since 2002 and I have 6,195 feedbacks. I also am a Silver PowerSeller, which means I sell over $3,000 a month and keep my positive feedback of 98% or higher. I would think, they would not want to lose me as a seller over 1 listing fee, but I will give them a call today and update later.

Thanks again for all your help.


Comment #8

Im having a vision into the future.....

Rep: This is ebay, how can I help you?.

Jamie: I want my money back!.

Rep: Ok - all done. have a nice day.


Comment #9

Lmao Rolf - And how many times have you had this dream young man? This thing called a vision...............................drifts off - just like ebay does with our money...

Comment #10

This question was taken from a support group/message board and re-posted here so others can learn from it.


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