Trade me buyer pulled out - what can i do??

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jbard

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#73346 12-Dec-2010 13:13

So my dad sold his truck on trademe last wednesday.

The guy was due to pick it up today, but called this morning saying he doesn't want it anymore as it was bought for a farm hand who no longer works for him.

So i went and looked at his feedback and this is the 4th time this year he has bought a vehicle and then not followed through with the trade??

Anyway it cost my dad $80 to list the vehicle and is going to have to pay more to relist it again, plus he will have to buy new rego for it as it runs out in 5 days???

So my dad is out of pocket the auction fee and new rego, plus still has the vehicle to sell. What can he do. Can he get the guy to pay for any of this or does he just have to take the cost??

Thanks guys

dontpanic42

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#416132 12-Dec-2010 13:22

Technically speaking the sale was not completed, so shouldn't you be able to apply for the success fee to be reversed/refunded from trademe?

http://www.trademe.co.nz/help/113/how-can-i-apply-for-a-success-fee-refund

Just had a quick look at the fees associated with selling a car, and it looks like it is a non-refundable $39 listing fee as a base rate.
But you should at least be able to claim back the success fee portion.

Hope that helps.

richms

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#416140 12-Dec-2010 13:34

Scum like this ruin trademe for others.

Its $30 to take them to disputes, which you can do if on a second auction the truck goes for less than they were supposed to pay for it, and all the other costs in relisting it, storing it etc.

If you have half a day to kill, well worth it to teach this asshat a lesson.

Richard rich.ms

dontpanic42

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#416144 12-Dec-2010 13:43

Quoted from the previously provided help page link.

What happens to buyers that back out of auctions?
Members that repeatedly default on auctions will have their membership suspended.

There may be grounds to get this trader's membership suspended if you say they have repeatedly pulled out of previous auctions.

timmmay

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#416507 13-Dec-2010 13:34

AFAIK it's not a valid contract until they've paid for it, I doubt there's anything you can do except have his account suspended.

You can offer the vehicle to other bidders, or if the sale doesn't go through your listing fees can be refunded.

sleepy

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#416524 13-Dec-2010 13:50

I had a similar problem recently where the Seller pulled out after the sale.

This was Trade Me'e Response

When an auction closes above reserve price, either through a fixed price offer or with a buy now, the Buyer and Seller are obligated to complete the trade as this is considered a legally binding contract.

I would recommend that you come to an agreement with the member regarding this trade. You may wish to place feedback on this member to prompt them into action, and to warn others of their behaviour.

If you are unable to reach an agreement you may wish to file a claim with the Disputes Tribunal or contact a solicitor for more information on your legal rights and obligations in this situation.

If you would like to file a claim with the Disputes Tribunal please contact us for more information about this process.

Good Luck

mattwnz

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#416607 13-Dec-2010 16:28

timmmay: AFAIK it's not a valid contract until they've paid for it, .

That is not correct.

New World

Shop on-line at New World now for your groceries (affiliate link).

timmmay

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#416610 13-Dec-2010 16:36

Yeah seems that way, auction laws are different from the standard offer, acceptance, exchange that I was taught in school.

sleemanj

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#416757 13-Dec-2010 21:33

1: put vehicle on hold if he's not using it
2: I expect there would be an option in his "My TradeMe" somewhere to notify TradeMe that the deal has fallen through and then he can relist again for free (similar to a success fee refund on normal goods), contact TradeMe if he can't find such an option and I'm sure they will sort it

Not much point trying to chase the guy, but certainly red face him!

---
James Sleeman
I sell lots of stuff for electronic enthusiasts...

richms

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#416760 13-Dec-2010 21:36

Actually there is a large reason to chase the guy since there are real costs that have been incured in the failed sale. Just because its on trademe doesnt make the contract any less valid than if the loser had walked onto a dealers yard and signed something, which has been proven enforceable in the past.

Richard rich.ms

Byrned

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#417065 14-Dec-2010 13:33

Completely agree that you should hold them to account for this. Why do people feel that trademe is different to any other purchse.

Try bidding for a car at turners over the phone and then decline to take it. They'll let you know what your obligations are pretty quickly.

webwat

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#417174 14-Dec-2010 17:56

Email the guy and explain that it will be hard to sell the vehicle over holidays, which makes disputes tribunal worthwhile. He might still decide to come back and pay for his purchase. Did you manage to get it relisted already? If not, give him a deadline of when he should complete the sale or you will demand compensation and relist the auction.

Time to find a new industry!