Ebay help - bought an item insanely cheap now seller says that he made a mistake

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  1. jedi-master's Avatar
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    Ebay help - bought an item insanely cheap now seller says that he made a mistake
    Hi everyone! To cut a long story short I bought a bike worth £200 for £1 on ebay because seller made a mistake when listing it (instead of £1 auction start price he put £1 buy it now price) when I asked him about collection he said that he made a mistake. What can I do now ? ( I paid him with paypal straight away)
    Thanks
  2. jedi-master's Avatar
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    Bump
  3. shmuxel's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    You have the right to collect the item at £1, but with any morality you'll accept it was a mistake and let him keep the bike
  4. Aspiringlawstudent's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    'You can't snatch at a bargain' - Hartog v Colin & Shields [1939] 3 All ER 566

    Bad luck. It was a mistake and you surely knew that - a £200 bike for £1 is obviously an error.

    (http://en.wikipedia.org/wiki/Hartog_v_Colin_%26_Shields)
    Last edited by Aspiringlawstudent; 23-06-2012 at 16:19.
  5. Aspiringlawstudent's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by shmuxel)
    You have the right to collect the item at £1, but with any morality you'll accept it was a mistake and let him keep the bike
    Don't think so - see my post above re unilateral mistake.
  6. shmuxel's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by Aspiringlawstudent)
    Don't think so - see my post above.
    Should I take your word as an aspiringlawstudent

    In any case, OP should accept it was a mistake
  7. jedi-master's Avatar
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    (Original post by shmuxel)
    Should I take your word as an aspiringlawstudent

    In any case, OP should accept it was a mistake
    Hmmm but that's such a bargain!
  8. mosmof's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    honestly.. what did you expect to happen when you 'purchased' a £200 bike for £1?!
  9. Aspiringlawstudent's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by jedi-master)
    Hmmm but that's such a bargain!
    And therein lies the problem - you knew it was worth far more than the price being asked and you took advantage of what you realised was a mistake. The contract is therefore void and cannot be enforced, per Singleton J.
  10. carnationlilyrose's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by jedi-master)
    Hi everyone! To cut a long story short I bought a bike worth £200 for £1 on ebay because seller made a mistake when listing it (instead of £1 auction start price he put £1 buy it now price) when I asked him about collection he said that he made a mistake. What can I do now ? ( I paid him with paypal straight away)
    Thanks
    Contact ebay/paypal, who will arbitrate, but tbh going round to collect it if they agree in your favour probably wouldn't be very pleasant. Since it's only £1, you're better off cutting your losses.
  11. Stasiaxx's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by jedi-master)
    Hmmm but that's such a bargain!
    Ask him to send the pound back via paypal ?
  12. jedi-master's Avatar
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    (Original post by mosmof)
    honestly.. what did you expect to happen when you 'purchased' a £200 bike for £1?!
    Erm, that he would admit his mistake and sell me the bike?
  13. jedi-master's Avatar
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    (Original post by Aspiringlawstudent)
    And therein lies the problem - you knew it was worth far more than the price being asked and you took advantage of what you realised was a mistake. The contract is therefore void and cannot be enforced, per Singleton J.
    I didn't know it was a mistake, I just thought that he was very generous
  14. carnationlilyrose's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by jedi-master)
    I didn't know it was a mistake, I just thought that he was very generous
    In your defence, there have been cases of vengeful spouses selling off their other half's most precious possessions at ridiculous prices to be spiteful. It could have been one of those, although I think that would bring in a whole raft of other legal issues in its wake.
  15. tehforum's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    I'd feel sorry for the dude if you actually got the bike.
  16. AverageExcellence's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    Hes obliged to sell it to oyu, its his own fault. You should contact ebay and tell them about it. Hes in the wrong not you
  17. tehforum's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by AverageExcellence)
    Hes obliged to sell it to oyu, its his own fault. You should contact ebay and tell them about it. Hes in the wrong not you
    http://en.wikipedia.org/wiki/Hartog_v_Colin_%26_Shields
  18. BeanofJelly's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    You're stealing if you take that bike for £1. Whether some technicality terms it "his mistake", morally that's what you're doing.
  19. jedi-master's Avatar
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    Thanks for the replies I'll email him asking for his solution
  20. Sgt.Incontro's Avatar
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    Re: Ebay help - bought an item insanely cheap now seller says that he made a mistake
    (Original post by jedi-master)
    I didn't know it was a mistake, I just thought that he was very generous
    Legally, he has the right to cancel the contract, as most sales contracts are formed after the item is shipped. So, do get your 1 pound back (would be unfair on you because of his mistake!), but you can honestly forget about getting that bike.

    Ignoring any morality, this is where you stand legally.
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