Canceling an eBay purchase is that easy?
I sold an item, but now I no longer want to sell it to the buyer, so I canceled the transaction. According to the cancellation details, he was supposed to get his money back in full. If I don't want to sell anymore, can I simply cancel the transaction and return his money (eBay credit) and keep the item? It's questionable that my eBay credit is still in my account for the purchase price of the product. Is there a way around this and can he get his money back, or am I in for a real commotion?
(4 votes)
Loading...
The buyer must agree to an cancellation contract!
The legal situation is simple
You write:
If an article has been sold, it would no longer like to sell it to the buyer and have terminated the purchase.
Between you and the buyer, a legally binding purchase contract has been established according to § 433 Civil Code.
And, of course, no contracts can be cancelled unilaterally, which have already been effectively concluded.
Ebay offers its users the option “purchase break”. The purchase is terminated via Ebay.
Ebay informs the buyer/seller about the purchase termination and the refund of the purchase price.
If the buyer cancels the purchase, the seller can reimburse the eBay commission.
My personal opinion is:
Formulations, such as purchase termination, together with requirements, are suggested to the user, it is a legal claim. And that’s not the case.
There are only two legal reasons for not having to fulfil a contract.
For example, if you take part in an auction on Ebay, you’d be tempted. Instead of 1.95 EUR, you will type 195 EUR.
Emotions affect the rights of the buyer/seller as little as a higher bid outside Ebay.
German law also applies to contracts concluded on Ebay Germany that Ebay cannot change or misinterpret to this day.
Anyone who has never wanted to agree to a purchase break knows how penetrant Ebay tries to move the user to consent.
If you don’t know better, the correctness is rather rare.
And whoever asks will be surprised at the answer.
I wanted to know why:
Ebay initiates and comments for my contract partner without first having to contact the seller.
Why the legal provisions regarding the right to purchase on eBay do not apply.
Ebay justifies the facts:
The purchase termination option is only a technical option for the seller to reimburse his Ebay commission.
To 1: Ebay wants to accompany the purchase break from the beginning.
Of course, Ebay respects German law. Ebay is not a contractual partner and inform about applicable law.
And that’s true. On the Ebay legal portal.
This means that if you don’t know the legal situation correctly, you should inform yourself about the Ebay legal portal before the conclusion of the contract.
Legal information for private sellers
Please note that the following information is available only around General References to be made No It is also possible to replace legal advice. If you have further questions, please contact a lawyer or other legal advisory body. eBay is responsible for the accuracy, completeness and up-to-date of the information on linked external websites No guarantee.
Section 433
Contractual obligations in the purchase contract
(1) 1By the purchase contract, the seller one thing obliges the buyer to hand over the matter and to obtain the property in the matter. 2The Seller has to give the Buyer the cause free of material and legal defects.
(2) The Buyers is obliged to pay the agreed purchase price to the seller and to accept the purchased item.
Hello,
“simply” doesn’t work.
Finally, a purchase agreement has already been reached.
All you can do,
ask the buyer for the contract in mutual agreement,
to break.
If necessary, you will be dismissed from Ebay and get a bad rating.
Do not think of any further legal consequences.
Hansi
This should be a seller me try, here is a legally valid purchase agreement after the BGB which the buyer can achieve with ease:
http://www.gesetze-im-internet.de/bgb/_433.html
http://pages.ebay.de/rechtsportal/private_vk_2.html
http://pages.ebay.de/rechtsportal/kaeufer_4.html
http://resolutioncenter.ebay.de/
And I be sure of my article at the auction price.
No, of course it’s not. You can ask if the buyer agrees with a break.
If he is not and has a little fighting spirit, he can sue for fulfillment. But that takes forever and perhaps he needs the article immediately and has to buy it somewhere else much more expensive. Then you would be cracked at the end of a civil process to pay the difference.
I think it’s just as you can imagine that if the buyer agrees, because a valid purchase contract was created.
If it’s on output, you have to output the article!