View Full Version : Transaction Confusion Help!

Wixom Aficionado
01-16-2017, 04:19 PM
I listed my 4 deco Shermans on MH$P for $400. While I was creating the eBay ad, I had multiple e-mails. I sent the eBay auction for $100 OBO more on purpose not thinking they would sell.

Leith Burgers contacted me interested in a trade/partial cash for the models. I agreed to wait while they attempted to locate a second horse I might have been interested in trading on. I went to bed not thinking about the eBay auction and this morning it did sell.

I want to be fair and let Leith have the first go at these models since they were the first to contact me, however I fear cancelling a sale on eBay would also piss off the buyer. It is my fault for not cancelling the auction or putting it on hold. But in my mind - there was no final agreement yet, but we were in negotiations. So I can understand how it feels like the models were taken out from under the first initial interested buyer.

The emails have gotten a little angrier - and I'm trying to remain pleasant. I apologized for not removing the auction but until a deal was squared away I wasn't concerned at that point in time.

I know everyone won't be happy here whatever outcome and its unfortunate it happened. The extra $100 for the models is not at all a concern for me and isn't even in consideration here. I just want to do whats fair.

Thoughts? Suggestions?

Your help is greatly appreciated!

Misty Star Studios
01-16-2017, 08:55 PM
If I were you I'd follow through the the eBay buyer - yes you did talk to Leith first but no deal was confirmed or set in stone (I'm assuming from your post) yet so it was still fair game. Someone else bought it on eBay before she settled the deal so they would be the fair buyer, IMHO.

And my opinion above has no consideration with who the two buyers are whatsoever but I do think you're better off following through with eBay. ;) Save yourself the grief!

01-17-2017, 09:57 AM
Did she understand that she had to make her decision by a date certain, because after that date they were committed to the auction? If the auction is underway then her only recourse is to bid. I think this communication is deep in the weeds now ... I am confused and perhaps more experienced transactional-ists can help.

My understanding is that one can sell by auction (ebay or other auction) OR one can sell individually/privately, but there is no ethical way to try to do both at the same time. As I understand it, the item is off the private market once it is committed to the auction. Trying to do a private deal is not looked on with favor.

I'm not sure you can even tell a hopeful buyer that you'll contact them if the item doesn't meet reserve. It encourages them to not bid and hope that it doesn't, and auctions have rules about that as well. After the auction commit date it's easiest to tell buyers in a friendly, business-like way that they can bid at auction, and not try to raise a buyer's hopes of buying it without having to bid. If someone misunderstood what the auction meant to a private deal then it might be best to just apologetically say that a mistake was made and there is no backing out of the auction now.

01-17-2017, 10:18 AM
You have a contract with the person who bought your items of E-Bay , so unless the E-Bay buyer defaults on payment I would honor that contract. If I would be the buyer I would be pissed if a seller contacts me , that the models were sold elsewhere and might red light the seller.
There was no final agreement with Leith but of course I can understand that Leith might be angry about it. But when until you have final agreement, you have no contract.
Trades are always riskier than selling things. So another reason to go with the E-Bay auction.
And next time just end the E-Bay auction/Best-Offer if you're going to negotiate on a trade. Or keep it to one place only

Ulla Harneit

01-17-2017, 12:03 PM
Go with the Ebay auction. That's a binding contract. Your agreement with Leith was never finalized because no payment changed hands.

01-17-2017, 12:08 PM
I would sell the set to the Ebay buyer, for all the reasons above: the transaction was not finalized.

For what it's worth, I have sold to Ms. Burgers before. I will say that, if do you choose to sell your set to the Ebay buyer (which, again, is what I would do), be prepared for some attitude...

Wixom Aficionado
01-17-2017, 12:15 PM
Thank you everyone for your perspectives and advice.

I frequently list models on eBay and MH$P. I remove it from the other depending on which avenue it has sold. Often my MH$P prices are a bit lower because its not going to be paid for via feebay.

This just happened to be one of those weird timing circumstances where the auction was already listed just a hour before I even began trade discussions with this individual. I don't forsee it happening again.

01-17-2017, 12:15 PM
i agree with going with eBay from what all you have posted. :yes

Wixom Aficionado
01-17-2017, 12:35 PM
I did check the timing of my emails and contact just for timeline purposes...

1/15 4:09 - Buyer contacted me committing to a purchase. Did not commit to buy until the following morning 1/16. I did not do anything with the auction due to no actual payment received yet. Could have been a tire kicker.
1/15 4:29 - Leith contacted me but did not commit to a purchase, only entered into negotiations and discussed possible trade value. Wanted to look for a horse the next day on 1/16 to confirm she had it to trade.

Aidan's Toy Trove
01-17-2017, 12:53 PM
I agree, you comitted to the sale on eBay. Go with th eBay sale.

01-17-2017, 01:00 PM
Go with the ebay sale. It's unfortunate, but I list of multiple platforms too, and something mistakes like that happen. But the ebay buyer committed with CASH first. Money talks.

Northern Lone Ranger
01-17-2017, 01:17 PM
Three words.... bird in hand...

I also PM'd you.

Lindy P

01-18-2017, 10:20 AM
Definitely honor the ebay sale. Sending you a PM...

Wixom Aficionado
01-18-2017, 02:52 PM
Thank you everyone for your PMs.

I did ship the models off to the eBay buyer this morning. I received a minimal snarky e-mail when I explained my decision to LB but all is well and settled. :)

:hugg Thanks all!