PD4501- 599 Kingman, AZ, I got it YEA!!!!!

[mike davis]

for $3225 buy it now

With 40 gals of fresh fuel, Battery's that are good enough start it  and 2 Tons of dirt!!!!

    mike

[Dallas]

I wouldn't have gone much more than $3120 and 39¢ 

Congrats Mike! sounds like you have a new love in your life.

Just remember, she will need lots of care, feeding, tenderness and love. Then when you have spent your last penny on a shiny new doodad for her, she'll break your heart.. Oh! Sorry! that's wimmen! Your Scenic will be as faithful as a puppy, and pee on things just about as much!

Dallas

[Melbo]

OK you got so where are the pictures?

Melbo

P.S. WE want pictures

[jackhartjr]

It was not listed as a Buy it Now.  How is this fair to the other bidders Mike?
Jack

[tekebird]

Life ain't fair.

buy it now prices can be made at any time........and the auctions can also be ended at any time by the seller

[luvrbus]

That bus was listed in the paper for 5000.00  OBO  Mike must have made the best offer

[Lee Bradley]

Mike must have made him an offer he couldn't refuse. 

[mike davis]

Life ain't fair.

buy it now prices can be made at any time........and the auctions can also be ended at any time by the seller

tekebird

I need your advice on this because I don't know if I'm being played with.  Yesterday morning at 4:45 am I got up and checked my evening messages.  I had made an offer to the seller at about 7:30 pm the day before and she had said that she was leaving in about 90 minutes then and she didn't like the previous offer so I countered her right then.  When I got up there was no messages in my eBay message so I immediately shot her off a message withdrawing the offer.  It also went out via eBay messenger and at that time the auction was still active.  Two hours later I signed it to see if anyone had bid and I found that she had closed the auction and sent me a message accepting the offer that I had withdrawn.  So, I don't know.  When my dad read all the emails.  He's P.O.ed at the seller and doesn't trust her.  So I don't know where to go with this. 

I'm just confused, and have also for the past couple of years triggered off if I catch a whiff of deceit in the air.  What's the difference in bargaining and out right lieing and B.Sing?  I don't know.

Sounds like a Dear Abby letter huh?

Thanks
Mike

[Hartley]

Mike,

You have a problem. You should never have negotiated outside of eBay, no second chances and definately no buy it now offers that run anywhere outside of the eBay
system. Having phone conversations outside of the normal bidding process put you into a bad position legally. They also place the burden of making mistakes on you.

The seller accepted a sellers agreement when they listed the bus on eBay and must play by the rules they agreed to. Now you only option is to contact eBay and tell them what happened and how the seller tried an end-run to avoid eBay fees and bidding. There are legal issues here and you may end up needing a lawyer to save yourself from a lot of grief...

Dave....

[TrevorH]

LAWYER!!!  WHOA!!   That be a very bad word.  I would not say you are in that deep yet.  The seller should be a little flexible with you.  Worst case I would say you might have to pay her $40 listing fee to make her happy but I would doubt it.  My recommendation is that all of your communication from here on is all via writing so there is no he said she said mess.  Good luck!

[tekebird]

1st negotiating outside of the ebay process is verbotten!  although it is done regularly.

if you negotiated in the ebay process and she did it as a buy it now and you bid and won you are inside the process.

if you did this through the make an offer deal ebay has now....you did it, thats a commitment to buy......I don;t think there is an option to cancel your offer via ebay...and if there was she would have known about it.

not knowing how you commui=ncated or struck the deal I can'y offer much guidance.

but it sounds like you made a deal you have to sleep with.....buyer being an asshole or not.

[tekebird]

Mike, I just read the other post.

just because you communicated through ebay's system does not make your offer and counteroffers valid in thier eyes.

you operated in violation of Ebay policies, unless the seller actually created a buy it now at the auction site for that item and you clicked the buy it now link.

actually both of you are in violation of ebay rules, and by communicated your "Off ebay" deal through thier system they now have record f the communications.

you are both in danger of being suspended from Ebay for circumventing thier rules and fees.

[kyle4501]

I've had sellers decide to not sell the item after I won the auction. When I complained to ebay the response was not helpfull. Basically I was told I could get a refund. When I re-explained that the seller refused to sell me the item because "it was unfit for sale", I was told "at least you are not out any money".

ebay is all about collecting listing fees & doesn't do much more than provide lip service. The worst thing I have noticed is a negative feedback or banned as that user. Big deal.


Mike, you made an offer & they accepted. If you want to back out, offer them $100 to cover relisting & their time, OR let them leave a neg feedback. I'm guessing they'd rather have the $$

Sounds like you got a good price on it, so just get it & enjoy it. You are one of the few to actually own one 

[tekebird]

I don;lt think you can bitch about not getting an item that you didn;t pay for.

now for actual transactions......neglecting to follow through is Wire Fraud as the ebay sale is a binding contract.

from the sounds of this it was all done off ebay...so no party has any recourse other than to point out to ebay they both were cheating them......which will get both of them booted

HOnestly, sounds more like a buyers remorse type thing......Mike you offered x ammount for the 4501 you always wanted...they agreed.

Pay them and go get your bus..

[Jeremy]

People get very wound-up about doing things the 'proper Ebay way', but that has little bearing in law. Imagine you and the seller are standing in the middle of a field and negotiating with each other; if you reach an agreement then you have a legally-binding contract with each other - exactly how you negotiated and whether or not Ebay own the field (ie. website) where you met is totally immaterial.

A verbal contract has the same legal weight as a written contract, but obviously is much more difficult to enforce when things go wrong. Also, remember that there is no statutory 'cooling off period' in this kind of negotiation, so there is no 'withdrawing an offer' or anything like that.

I have been in similar situations myself - just this week I lost an item of furniture I really wanted because the seller broke the contract - ultimately though, although you could pursue the seller (or they you) you need to  first need to decide if it was really worth it - at the end of the day the world's full of old buses.

Jeremy