I'm selling a set of genuine Fuchs wheels on eBay

"BiTurbo228 - Dr Frankenstein of Spitfires" (biturbo228) 04/09/2014 at 19:18 • Filed to: firstworldproblems

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and I've encountered a bit of a moral quandary. Someone offered me £1000 for them yesterday and I've said yes over email. Before I could take the listing down today, someone else has payed the full £1150 buy-it-now and already sent me the money via paypal. What action do you think I should take?

wkiernan > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:20

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Do the right thing and honor your email.

For Sweden > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:20

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You have to refund the person who paid £1150

Vince-The Roadside Mechanic > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:20

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the latter

CAR_IS_MI > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:22

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N51fanatic > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:24

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other guy paid already, original guy will get over it.

dogisbadob > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:25

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Does UK eBay have a best offer feature?

On the US eBay, you can actually accept offers for buy-it-now listings. Hit the best offer button underneath BINB, enter the offer, and then the seller can accept or decline—or even counter-offer

offroadkarter > N51fanatic 04/09/2014 at 19:25

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Money talks

You will kick yourself if you refund guy B, and guy A says "oh I'll pay you in 2 weeks" or "Oh I changed my mind"

Soloburrito > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:27

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I'd go with the ebay deal. Then you won't get negative feedback and you come out a little richer.

As for the email guy respond with this:

BiTurbo228 - Dr Frankenstein of Spitfires > For Sweden 04/09/2014 at 19:27

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I'm leaning towards that. I think I'll send an email to the second chap apologising and saying that if the first sale falls through I'll be straight on to him.

BiTurbo228 - Dr Frankenstein of Spitfires > dogisbadob 04/09/2014 at 19:28

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I have got a best offer feature, but I don't think the first guy used it. He contacted me directly.

BiTurbo228 - Dr Frankenstein of Spitfires > offroadkarter 04/09/2014 at 19:30

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Hmm, I'm kicking myself that I didn't list them higher actually. They were only up there for a day before they sold.

I think I'll have to refund the second guy but I'll send an email apologising and saying that if the first sale falls through I'll be on the blower to him straight away.

bhardoin > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:31

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Ebay is a binding contract that I think probably trumps the casual email. Though I'd definitely contact both parties and tell them what happened ASAP - their opinions may vary.

Kyle8678 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:32

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Burn the first guy 99% of the people who offer outside eBay on an eBay listing are trying to scam you anyway.

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:33

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Legally speaking - as far as I know - you have a contract by email, and ebay sales aren't binding, so none that way. If they want to force the issue, they might prove that in court and force the sale - but you'd have to say that would be an unlikely turn of events. Saying that, my dad recently got pissed off at a customer service department and ended up suing the company for £250 (and winning) - but in his defence, they did say 'nah, nobody every sues when they say they will', so if you don't say that you should be fine.

Morally, it's hard to say. For one thing, you know nothing about the purchasers. One might be a serial killer, the other practically a saint, but you have no way of knowing which is which. Treating everyone equally might just mean doing what the law says. Or you might decide that you made a deal the first time and can't break it, which is the same thing. Or that your principles aren't worth a hundred and fifty quid.

The question is whether the environment you made the first deal under was one where both parties expect it to hold up, or whether it's one where you wouldn't consider it final until the money changes hands. If the former, you're morally obliged to sell. If the latter, you can take a subsequent higher offer.

I'm going with 'sell it for the higher price, and send me the difference to salve your conscience'.

BiTurbo228 - Dr Frankenstein of Spitfires > bhardoin 04/09/2014 at 19:34

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I was wondering whether it was. I'm currently reading through their FAQs to try and find out.

I've sent them both emails, but it's half-past midnight here so I expect they'll be getting them in the morning.

offroadkarter > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:37

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good luck, hopefully guy A comes thru

dogisbadob > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:43

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Then that might be considered to be an offer to sell outside of eBay which is against their TOS. In addition there are scams out there (Western Union, overvalue cashiers checks, etc)

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 19:44

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Ooh, that last option is a bloody clever one. Morally, I feel I should oblige the original agreement over email but if eBay's contracts force the latter sale to go through I'll think I'll do that.

£150 won't last a second buying Spitfire bits, but I'll feel shitty reneging on a deal.

Jeff-God-of-Biscuits > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:46

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A good reputation takes forever to earn, but gets lost in a second. Stick to your word, I say.

BiTurbo228 - Dr Frankenstein of Spitfires > dogisbadob 04/09/2014 at 19:47

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If it is against their Ts and Cs then the first chap would be buggered. I haven't been able to find anything solid about it in eBay's bumph though.

He does seem genuine though. He's been very prompt replying to emails and offering payment, although that was via paypal outside of eBay.

Rainbow > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 19:52

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If I was in your situation, I would honestly apologize to the first guy AND send him a small portion of the difference (like £20-50) toward another set. Because I'm too nice in situations like this. I think the "proper" thing to do is just apologize to the first guy and take the 1150.

BiTurbo228 - Dr Frankenstein of Spitfires > Rainbow 04/09/2014 at 19:59

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Me too :) that sounds like a good plan as well. I'm speaking to eBay support at the moment to see if it's against their Ts and Cs to accept the email offer. If it is then that's a fairly easy out of the situation and I'll send the other chap a portion of the difference.

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:12

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I was saying it's the other way around with Ebay - although come to think of it that may well be for cars rather than car parts.

But being bothered about your ebay feedback rather than a hundred and fifty quid seems a bit odd to me.

If you made a deal you felt was a deal at the time, you know what to do. But £150 buys enough beer to forget about it and still be in profit.

You could always tell the first buyer what happened and offer him the options - keep the original deal, pay 1075, pay 1150. If he's as nice as you are, he'll give you the full whack. But I would hope quite a few people out there would give you an extra seventy-five quid on a grand for being honest about things.

Redd, the RX-7 that could > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:14

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Go with the second, this is the most logical option because you already have a guaranteed sale with money in your pocket. Tell the other guy that somebody offered you more, no hurt feelings, and he'll find some more someplace else.

MC_Leon6494 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:16

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Go with the full ebay purchase. Tell the guy over email that you encountered an issue (or something of the sort) and sell it to the guy that went through ebay. keeps things easy for everyone and money transactions are simplified

Coty > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:16

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Donate them to my bug.

Aaron James > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:19

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Never ever complete a deal outside of ebay, you lose all your protections. Sell to the proper ebay winner. You must reward the guy who did the right thing. Big chance you'll never see the money from the back alley deal guy. You already have the money, keep it.

Aaron James > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:23

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He never sent the money so your under no obligation to do anything for him. Keep all the money, no reason to give the shady email offer guy 1 cent.

Orange Exige > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:31

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Wow that is a real quandary. Sucks to make that decision.

Guy #1 should have used the Best Offer feature - he's dumb for not doing so because he's got no defense. eBay can't support him because he didn't use their service while the other guy did. If you refund Guy #2, he can't give you bad rep because you didn't finish the transaction but at the same time, if you sell it to Guy #2, Guy #1 can't give you bad eBay rep either... Plus you have a guaranteed £1150. Like others said, money does talk.

I do feel bad for the first guy and he'd definitely feel somewhat cheated, but at the same time I can't have full sympathy because eBay specifically has the Best Offer feature to deal with this. If he had made a best offer and you accepted, then the auction would have been shut down immediately. If he had made a best offer and you counteroffered and somebody did Buy-It-Now before he accepted your counteroffer, it'd have to go to Guy #2.

Ultimate though, idk what you should do. One way or another, somebody will be disappointed. You can take the (slightly higher) moral high road and make Guy #1 happy (but also potentially risk a no-pay situation) or you can just accept the extra money at the small moral expense.

BiTurbo228 - Dr Frankenstein of Spitfires > Orange Exige 04/09/2014 at 20:35

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It's a bugger isn't it? On the plus side for me I've just spoken to eBay support and as the second chap has already paid I'm obliged to sell it to him, but I think I'll give the first chap some of the price differential to assuage my conscience. He seemed like a genuinely nice guy.

That way, the guy who gets the wheels is happy, I'm happy as I did the right thing (and get a little more money) and the first guy is hopefully not as gutted as he's got a little more change for when another set pop up.

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 20:39

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I'm a man of my word though, and I don't like falling through on things. On the other side, I've never been particularly bothered about money. That comes and goes all the time :)

I have just spoken to eBay support though and I'm obliged to sell to the chap who went through the proper channels, as he's already paid so that's that sorted :)

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:41

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Awesome. So I'll send you my paypal details and wait for you to make it rain.

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 20:41

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I can also send invoices that way as well can't I ;)

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 20:48

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Did you see the story about my dad, above? Your move.

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 20:52

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...on second thoughts :)

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 21:00

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I'll let you off if you weld my car :)

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 21:06

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I'll weld the car anyway :) just pay me in beers

Orange Exige > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 21:08

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That's a very generous way to handle the situation.

I'm not at all surprised that eBay told you that you are obliged to sell it to the guy who already paid. Hopefully other people can read your story and keep it in mind so they don't have to deal with this stuff. A similar situation could easily be had selling the same car on craigslist and eBay. An auction would be a safer bet next time - or at least if you're selling locally too - because you can safely end an auction arbitrarily I believe*. Then again, I know you almost certainly didn't expect this situation at all in the first place.

*I'd double check this, but I'm pretty sure this is the case.

davedave1111 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 21:10

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No problem. I'll buy them out of that one-fiddy you owe me.

You might as well weld it, I'm going to try and sell it to you when the insurance runs out anyway.

BiTurbo228 - Dr Frankenstein of Spitfires > Orange Exige 04/09/2014 at 21:14

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Yeah it seems pretty obvious when you think about it. Why would eBay protect someone who isn't using their services?

I'm certainly asking any offers in the future to go through the actual listing. Then, hopefully this sort of thing won't occur again :)

BiTurbo228 - Dr Frankenstein of Spitfires > davedave1111 04/09/2014 at 21:15

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Hah :) is this the E30? I can't remember, which engine does it have?

Stef Schrader > Aaron James 04/09/2014 at 21:41

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This. It sucks for the guy who offered you an outside deal, but stick to the Buy It Now deal where you're safer from scammers.

Justino6969 > BiTurbo228 - Dr Frankenstein of Spitfires 04/09/2014 at 22:40

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He could seem to be the nicest guy in the world, and still scam you. If you sold the wheels on ebay, sell them to the person who paid through ebay. Kindness be damned, ebay offers protection and guarantees. Sell to the 115o man who followed the rules.