Ebay - Overbidding - What To Do?

[Jeffrey Schronce]

Here's the deal. My wife and I received 2 sets of Emeril AllClad cookware. We kept one set and had the other set sitting around for a few months. I put it on Ebay and it sold for $257.00. I immediately invoice, buyer immediately pays, I immediately generate shipping via PayPal via UPS. Shipping was $36 instead of the $16 the calculator generated on Ebay. Part of this is due to additional insurance I put on the item to cover the full amount of auction. A few minutes later i get an email telling me that I ripped them off. They advise that retail value on these things are $150. I check and there are folks selling them on Ebay for $150 Buy It Now and on other retail stores. Here is the thing :
1) This is a legal contract and when people are allowed to back out of auctions due to failure to investigate prices, products, buyers regret, etc wouldn't this destroy Ebay?
2) I have paid $10 in PayPal fees, $10 in Ebay fees, $16 in shipping overage.
3) The second highest bidder had a proxy bid for $140.00 - $252.00. If the buyer had stopped at $250.00, then the second highest would have won for $250 and I would have this woman pestering me.
I have told her the facts in a rational matter. She is stating I ripped her off. I passed along the user IDs of the auction bid process so she could contact the 2nd highest bidder and see if she wanted it. She wants me to try to sell it to that person. I have advised that would break my legal contract.
I should just ship this thing and be done with it right?

[JSUPreston]

Don't ship until payment has been received. Like you said, she entered into a binding contract when she allowed what she now perceives to be an outrageos bid. Just like I've been told regarding speed limits, etc.: "Ignorance is no excuse." Just like anyone would say, she should have done her research before placing her bid.

In reality though, I don't envy you. Looks like things may get a little messy, but I imagine eBay will side with you on this one. However, you may be out your fees. Good luck with this.

[maxparot]

She is responsible for researching the right price before making a bid. Ship it and be done with it. Then you've honored your obligation and maybe she will learn a lesson. She ripped herself off, you had nothing to do with her overpaying.

[LCHIEN]

oh, this is going to be messy.
As you already have the money, I'd go ahead and ship it and you may get negative feedback and if you cover your ears that might be the worst of it.

She made the bid and in this case buyers remorse is not a legal out. If there is any challenge, unless she can prove you were making shill bids, or misrepresented the goods, I don't think she stands a chance.

If I were the second highest bidder, I would not be happy that you passed my ID to an irrational person... But I guess that's public knowledge on the bidding page if you clck on the bid history.

Just out of curiosity, how many feedbacks does your buyer have?

[Anna]

Seems to me like she's trying to get you to lower the price. It might be a less messy option.

[JTimmons]

If you already have the payment, ship it to her and be done with it.

I'd suggest refunding some money to her if it's even possible, had she come to you and said she didn't realize the true value of the item when bidding.

BUT since she is coming at you blaming you for ripping her off, ship it to her and let her put in negative feedback, chances are with this persons look on the situation she is going to leave negative feedback anyway no matter what you do.

Like everyone else said, you gotta know the value of something before placing bids on anything plain and simple. You overbid on something it's your fault not the seller.

[Hoover]

To Quote Forrest Gump "Stupid is, as stupid does." If she bought it, on her own free will, she is obligated to complete the transaction. The fault is hers.
You were not misrepresenting the item, obviously. It is a legally binding contract. Le Caveat Emptor, may the buyer beware.

[radhak]

There is no way it is your fault. She should not even complain : selling / buying on Ebay is always 'buyer beware'.

If you had sold it at $257 with a 'buy now' option, she could have checked, researched, and concluded that it is overpriced, and gone elsewhere.

If the price hit $257 through bidding (and over-bidding), then that is the whole essence of Ebay - the person who bids and ultimately wins, has always a chance of looking stupid, or brilliant, depending on where the bidding broke. If the bidding had stopped at $90, you would have been the sorry person, but you would still have to grit your teeth and accept payment and ship. (This holds for other live / in person auctions too. Try bidding, winning and then reneging on your bid at Christies - they would knock your happiness out.)

She has to pay, and shut her trap, or risk being actioned-on by Ebay. If she has paid, ship the item. If she has not, demand she does, and appeal to Ebay. Only after all that should you need to weigh your options - sell to second bidder or re-auction, or whatever.

Don't worry about her negative feedback - would not affect you, but only her ("buyer does not know her own mind - bids and then has buyer-guilt").

The only thing you could fix for her is charge shipping as per Ebay calculations, as you paid extra on your own; you might want to eat up that extra.

[Knottscott]

Auction prices are out of your control. If she's willing to bid a ridiculous price, it's not your fault and you're not ripping her off. Ask her how she expected you to control the high bid price?

She's upset with herself and trying to blame you. She's obligated to this deal... You could always give bad feedback too, but that can come back at you...wait until the last minute if it resorts to that.

IMO you're obligated to the stated shipping regardless of actual cost...lesson learned.

Good luck!

[crokett]

Ship it. You are going to get negative feedback. You didn't 'rip her off' - she bid it up that high and is now feeling sorry for herself.

[zintk]

I agree with all the previous posts. If it still bothers your conscious, then I recommend you refund her money minus the $150 true value of the merchandise, and the $36 fees you paid to PayPal, EBay, and shipping along with a note suggesting that she learn from this lesson and do her research before bidding.

[JSCOOK]

As an avid Ebayer myself, I'd say ship the item and be done with it ... hopefully you haven't left her feedback yet and shouldn't UNTIL she does ... this may stop her from leaving Negative for you, but in the remote chance she is that stupid, it gives you a chance when leaving hers to explain the situation ... there's always two side to every dispute.

I've personally experienced exactly what your going thru now in selling some professional photographic gear in the past, item was bidded up more than $127USD over the going price in most retails stores ... buyer finally realised it was her own fault and left it as it was ... overbidding happens daily, if not hourly on Ebay, and as many have mentioned, it's "Buyer Beware" ...

You have absolutely NO obligation to refund any of the money she's paid ... Ebay's view will be the same ... however if she continues to hassle you, notify Ebay about it.

Hopefully this all settles down for you Jeff ...

[newbie2wood]

The buyer should have done her research before bidding on your item. Maybe she knew how much the item is worth but got carried away with the bidding. It is not your fault that she is having remorse about her purchase. I would ship the item and be done with it. Remember to get proof of shipment and insurance in case she files a claim with eBay.

A negative feedback is not such a bad thing if you have plenty of positive feedback from other buyers. Besides, eBay allows you to reply to the negative feedback, and it will be available for others to see. You can also post a negative fedback on her account. Unless you have established an online business with your eBay account, you can always open another eBay account if the negative feedback does become a problem in the future.
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[mater]

She made the mistake and now doesn't want to pay for it. People do that on ebay everyday. She most likely will protest the payment and Paypal or ebay won't do a lot to help you. Especially if she paid with a CC. If you ship it to her be sure to get a tracking number and remove all monies from your Paypal account. The so called binding and legal contract is a lot of crap unless she lives close to you as it will be costly to pursue it.

[cgallery]

Whatever you do, DO NOT offer her any refunds or discounts until AFTER she has left POSITIVE feedback. The last thing you want to do is discount to $150 + fees and then have her leave you neg. feedback to boot!

I wouldn't offer her any discount. Her assertion that you somehow ripped her off is absurd! You didn't enter the bid amount and click on "confirm bid." She did. I'd suggest she seek auctions for brains!