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So, i went to buy an item off reverb this morning. The seller offered it to me at for less than his original listing and I accepted and paid. Then later in the morning I got a refund saying he didn't mean to offer it that low.
I contacted reverb and they backed the seller... Seems a bit lame to me...
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08-19-2020 08:13 AM
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Sure does but I guess the seller holds the reins - he has your money and the item. I try to stay away from Reverb and Ebay these days and stick to buying and selling on forums - whole lot better class of people. I bit the bullet and listed my Godin Multiac on Reverb the other day because I wasn't getting any interest elsewhere but it was kind of a 'last ditch' effort and I'll regret it if and when I have to pay the fee.
Originally Posted by jzucker
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i'm guessing that after he made the offer to me, someone came along and offered a higher price.
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You accepted too quickly and that caused him to think that he offered it too low to you. Next time, hem and haw for a bit and then accept, seemingly reluctantly. That makes him think he got one over you.
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I thought you had to agree, that in making an offer, you had to agree to purchase at that price. Same standard should be required of the seller. How did the other buyer even know it was still available? After you paid for it, it should have been marked 'Listing Ended' and no longer available. Whole deal sounds fishy to me.
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If you sell something on Ebay you can change your mind too, hasn't happened to me but read it somewhere.
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According to Reverb’s terms of use a buyer is supposedly bound to sell when an agreement is reached.
“Binding Sale and Shipping Obligations
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. “
That being said, there is really not much they can do to make a seller complete a transaction and ship an item if they change their minds for any reason. The same problem exists on eBay. Just earlier this week I was the winner in an eBay auction for a fairly rare limited edition variation of a Les Paul. I won it for a very good price and paid immediately. Within less than two minutes I got a message from the seller telling me that he does not “accept my bid”. A part of eBay’s terms are that the seller is bound to complete the transaction, but if a seller cancels the transaction and refunds the payment there are no repercussions. Often the dissatisfied seller will just claim that there is a problem with the item to get out of the deal. There’s nothing that can be done, unfortunately.
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Although it can be infuriating, there's always another guitar or amp,etc... Best to leave it and go on with the hunt.
Anyway Jack it probably wasn't up to your fine standards LOL!
Hope you're holding up in these Crazy Days.
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Based on what Jack experienced, to me the seller is guilty of breach of contract. The seller accepted the offer and buyer paid the money. I'm not a lawyer but that's basic contract law. Reverb should have forced the seller to accept the deal as consummated.
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I am a lawyer (licensed in two States in fact) and can say this: Originally Posted by Gitfiddler
A) Enforcing a breach of contract suit is not always possible and is often impracticable (are you going to hire a lawyer in another State to enforce a specific performance suit? Under the American system, the winner of a lawsuit still has to pay his own attorney fees. Unless the guitar in question is an original 59 Les Paul Standard, it is probably not going to be worth it)
and:
B) Online sales often lack the specificity required to prove a full "meeting of the minds" has occurred in any case.
The Internet has brought lots of information and platforms to buy and sell guitars. Overall, I think it has been a blessing to guitarists. But it is full of risks. Having a seller break the deal and return your money is a whole lot better than having a seller take your money and disappear without providing the guitar, or worse, having a seller take your money and provide a very flawed guitar or a counterfeit guitar.
Be careful out there and good luck!
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What if I sell you something and trip and fall while packing it up for shipping, smashing it to smithereens. Wouldn't you want me to send you a refund? What if I notice a flaw that makes it "not as described" while I'm packing it up. It seems to me that if I'm not going to ship it to you for whatever reason, I owe you a speedy refund, but nothing more. Maybe an explanation, but those can be lies.
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except he didn't fall and it didn't break. He just changed his mind either because he got a better price or got seller's remorse. Originally Posted by WilliamScott
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The ole cancel the sell and immediate refund because of sellers remorse. It happens far too frequently. Unfortunately.
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I bought a Super 400 once from a guy (through eBay) who after me paying him contacted me with a story about how he decided to take it to play at church one last time. While there, a kid was supposed to have fallen on it, leaving it “completely destroyed”. Seems like a pretty unlikely story, but it meant he couldn’t fulfill his obligation. I just see it as part of buying online at this point.
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Not that it matters but I'd have asked for a pic just to get his reaction Originally Posted by ThatRhythmMan
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Good points. Originally Posted by Stringswinger
I used to do a fair amount of Ebay selling, and I always lived up to the terms of the contract. I had the feeling that if you abused the system, they would not let you sell on their site, or at least penalize you in some way. Also, at least with Ebay, reputation is everything. It doesn't take too many negative reviews to turn off a lot of potential buyers.
I would assume there is a similar dynamic at Reverb, though I'm not too familiar with their rules.
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