You win an auction on trade me and its legally binding, yes?

[canarlee]

well i won summit for a VERY cheap price and they are now saying that it wasnt intended for auction!!!


the reserve was more than met.


what should i do?

[Mrs Busa Pete]

Make a complaint with trademe but they can't do much about it at the end of the day.

[WarlockNZ]

I'm of the understanding that if you win an auction then the item is sold to you.

You have an implied contract for the sale of the goods, so I would say you may have a case for the disputes tribunal.

[peasea]

I'm of the understanding that if you win an auction then the item is sold you.

You have an implied contract for the sale of the goods, so I would say you may have a case for the disputes tribunal.

Most likely, but is it worth the drama?

[imdying]

I'm of the understanding that if you win an auction then the item is sold you.

You have an implied contract for the sale of the goods, so I would say you may have a case for the disputes tribunal.That would be about right.


Most likely, but is it worth the drama?Depends on what the item is and how much he 'paid' for it I guess. NZ is a small place.

[Coldrider]

Depends whether it is worth arguing over but you can put in negative feedback and comments :shifty:

[breakaway]

Don't bother with negative feedback, because what's gonna happen is you give him bad feedback, he gives you bad feedback. It just doesn't work. This is why you should have two separate accounts, one for selling and one for buying, so even if you get bad feedback the buying one, it doesn't make a shit of a difference.

[davereid]

Thousands of scams and bad deals on TM, they are just very good at hushing it up. Have a look at http://www.scambusters.co.nz, you may find that you have been scammed right from the start.

[canarlee]

i wasnt being scammed!

the "prize" is/was a big one and the winning bid was very low, i knew that this would probably turn out like this!

what i have done is sent a simple e-mail to the trader saying "winning the auction, as the reserve was met, is legally binding" i await the reply...

thanks for the replies so far, keep em coming and i will let you know what comes back to me!

[Sniper]

As Imdying also mentioned. Yes you would have a case for the disputes tribunal and most times, all you need to do is mention that you wish to take the argument there and that will sort it. Be prepared to go if they do call your bluff though.

At the end of the day, he cannot say ,"It was not intended for auction". He posted it up.

[imdying]

The DT is cheap and fun, do it. You may be surprised at the ruling though, you will probably not get the satisfaction you expect, you would be better off going to the District Court imho.

[ManDownUnder]

Legally binding yes, as long as the other party was fit to be bound by a contract (i.e. over 18, mentally capable, not in prison etc etc etc which they testify to being upon signup to Trademe)

Whether it's worth the aggro to actually pursue is a whole other issue. You harrass them, they give you bad bling, that sticks with you and tarnishes your ability to do stuff on the site etc.

Your call entirely of course. Can you post a link to the Auction? I'm curious to see the worth and value bid etc. Of course I want to know who the bad dude is too...

[mynameis]

I'm of the understanding that if you win an auction then the item is sold to you.

You have an implied contract for the sale of the goods, so I would say you may have a case for the disputes tribunal.


That would be about right.

Depends on what the item is and how much he 'paid' for it I guess. NZ is a small place.


i wasnt being scammed!

the "prize" is/was a big one and the winning bid was very low, i knew that this would probably turn out like this!

what i have done is sent a simple e-mail to the trader saying "winning the auction, as the reserve was met, is legally binding" i await the reply...

thanks for the replies so far, keep em coming and i will let you know what comes back to me!

Guys, nothing is legally binding, there aren't any legal contracts or anything of that nature unless the other party you are dealing with, is a registered business then only they have some responsibilities under the Consumer Guarantees Act.

If it is an individual you are dealing with then the Consumer Guarantees Act DOES NOT cover the sale. You may have a case in disputes tribunal but all I can say is good luck with it.

How will you prove who he/she is, where they live, who to serve the summons and how do you get them in court?? When you lodge a case in disputes tribunal you have to supply the other parties address, how are you going to get hold of that information, even if you do they can completely deny it. Usual case of supplying Trade Me false address.

It's best to be aware of your rights before you get into Trades of this sort. At least in your case you haven't paid for some product and waiting for it to arrive in the mail.

[canarlee]

Your call entirely of course. Can you post a link to the Auction? I'm curious to see the worth and value bid etc. Of course I want to know who the bad dude is too...

here is the auction in question........ http://www.trademe.co.nz/Browse/Listing.aspx?id=108621311

[WarlockNZ]

I'd buy that for $61...

LOL

[canarlee]

and this was the response from the seller



"I see that you got into a bidding war with others for this on trademe. Actually bids were not expected nor required, because at this stage we are calling for "expressions of interest" .......so you were expected to contact us [phone or email] in order to get the necessary information about how to proceed with your "expression of interest". Note: Unfortunately the way the trademe site works, meant that we had to show a minimum $1 bid or else the site would not function. Our aim is to advertise this business opportunity via trademe, then deal with enquiries. An auction was not envisaged. However, we presume you do wish to enter into some further discussion regarding this great opportunity ? Therefore please reply as soon as possible to this email address."

[canarlee]

I'd buy that for $61...

LOL

i did!!!!!!

[imdying]

"I see that you got into a bidding war with others for this on trademe. Actually bids were not expected nor required, because at this stage we are calling for "expressions of interest"That's how I read the auction... not have your weetbix this morning huh?

[Pancakes]

I work for the company that does the finance for TradeMe in the auto loans team and the answer is yes, it's legally binding.

IMO If it was a sweet deal you should deposit the money into their account (if you have it) then go and take the product.



Just read above post, if it is asking for expressions of interest then that would be different.

[canarlee]

That's how I read the auction... not have your weetbix this morning huh?

then why they list it as an auction?

they didnt have to....

[Tank]

i did!!!!!!

Now - be honest - did you really expect them to sell you that for $61<_<

I love the way they called it a "Bidding war" - geesh the business sold for less than a dinner in the restrauant they were selling.

Whilst the concept of 'the deal is struck' is nice in theory, it really dosnt work on trademe - there have been many, many, many auctions where the opposite is true and crap has sold for loads of mulah ($$$) and the seller has not been able to make the seller proceed with the sale. The bikini of that tramp who streeked at the AB game being an example.

[canarlee]

I work for the company that does the finance for TradeMe in the auto loans team and the answer is yes, it's legally binding.

IMO If it was a sweet deal you should deposit the money into their account (if you have it) then go and take the product.

the link to the auction is on the 1st page....

[imdying]

I really don't know what to say to you. I can't think of anything polite, so I won't say anything.

[canarlee]

Now - be honest - did you really expect them to sell you that for $61<_<

I love the way they called it a "Bidding war" - geesh the business sold for less than a dinner in the restrauant they were selling.


no i didnt expect them to sell the lease for 61 bucks!!! i aint that bleedin daft well not this time lol


i just wondered where i would stand legally thats all

[canarlee]

I really don't know what to say to you. I can't think of anything polite, so I won't say anything.

lol say what ya wanna mate:dodge:


see my post above this tho......

[judecatmad]

What they should have done, to avoid all this sort of carry on, is list the auction with a $1mil reserve instead of a $5 reserve.

Whilst winning an auction is normally legally binding, I would imagine you'd be pushing shit uphill with a shovel trying to get any court to enforce your winning bid, since the auction does clearly state that expressions of interest only are sought.

Methinks this is someone who really doesn't understand how Trademe works and didn't understand that as soon as bids reached reserve, their 'item' would be considered sold!

[Sniper]

no i didnt expect them to sell the lease for 61 bucks!!! i aint that bleedin daft well not this time lol


i just wondered where i would stand legally thats all

You don't stand anywhere legally unfortunatly mate. Even if you take away the "expression of interest", what exactly are you buying?

Even though they set it up as an auction, they gave you the means to contact them to discuss, so they are within their rights to say you cannot have it for $61.

Shit happens man. Just tell them you are unimpressed with their attitude of doing buisness and refuse to post feedback, good or bad

[canarlee]

sniper, i have allready said i am not daft enough to know they wouldnt sell it to me for 61 bucks!


and i have also told these people the same, i just wanted to know what the reaction of others would be.

shame i didnt get the abuse i was expecting lol




oh and if anyone leaves rep, red or green, can you sign it please. just for mementoes sake!:D

[Dilligaf]

Gee Canarlee - that has got to be the strangest auction that wasn't. I think Ken should have contacted you when you first bid to let you know the deal. In fact, Ken should not have put it in "Businesses for sale" to begin with (FKen idiot).

[Scouse]

Fuckin sue their pants off

[canarlee]

Gee Canarlee - that has got to be the strangest auction that wasn't. I think Ken should have contacted you when you first bid to let you know the deal. In fact, Ken should not have put it in "Businesses for sale" to begin with (FKen idiot).

now THAT is my way of thinking!

[Skyryder]

A contract is any agreement by two or more parties. Both the seller and the buyer agreed to the conditions inherent with TradeMe. One party put up goods for auction and if the reserve was met the contract has been concluded. If either party reneges on the contract that will be deemed to be in breach of contract and is open to litigation. A letter to said party stating the facts of the case should be sent to the seller with additional comments that the buyer will be seeking 'all' costs associated with this transaction. Might be worth a shot.

Skyryder

[Steam]

If you were a lawyer you could have oh so much fun. drag it through the courts for years! They'd finally probably pay you to fuck off. Lawyers suck. They should have their professions tatooed on their foreheads so we'd know who to punch.

Drop the whole thing though, don't be a dork and just annoy the current owners.

[imdying]

If I were them, I'd be wanting my money now that you've expressed an interest.

[Macktheknife]

I am at a loss to understand Lee, are you wanting to go to Timaru now to start the restaurant or are you just shitstirring?

[canarlee]

mack, can i take the 5th amendment here?

[Krusti]

Looks like a good supply of dolphins for the menu...:innocent:

[ynot slow]

Remember the guy who bought aunty Hels dads car for $5800 or so,turned out he was pissed at bidding and THOUGHT he placed a bid for $58.15 or similar amount,auction started again.

I placed a bid on a radar detector couple of years ago,$1 reserve ones,closed at about midnight on a Friday,I won it and was going through the buying process on bank details,then about 10 minutes later the same detector was offered for $1reserve or buy now $1,so I hit buy now,message on email congratulating me for buying item.Next day i sent an email to company saying can you ship together,got reply saying they had a glitch in system and shouldn't have had buy now,much to and fro from trademe,seller,trying to get someone to fess up.Seller said it was loaded by software supplied by auctionitis(sp),and was their fault bla blah bullshit,same responce from trademe-not our fault as we don't load new auctions blah blah bullshit.

In the end we were offered it at a reduced rate and took it,then a couple of months later trademe disabled my account,even though it says binding legal agreement it can be crap.We sold a phone and said scratches on it,buyer winged and said they were gouges,not as advertised,car charger not there,(car charger was for sale as an additional cost after he had won auction),just black list them.

[imdying]

We sold a phone and said scratches on it,buyer winged and said they were gouges,not as advertisedOk, now that's ghey.

[Mully]

See, now if you really wanted to piss them off, you should have driven the "bidding" really high - like $2-3K high.

Cos then they pay commission to Trademe based on the "sale" price. That'd learn them how to advertise.

Unless businesses for sale don't pay commission based on sale price, in which case, please disregard.

[Hitcher]

Transactions on Trademe aren't legally binding. I've only ever had one experience -- about four years ago -- selling my Zeal. Some dude from Levin won the auction, apparently on behalf of some younger male relative who decided he didn't want it, which I didn't know until he did a no-show to uplift it as arranged. I was a bit cranky and this dude gave me bad rep. Out of pocket for Trademe fees, I've never returned.

[Panther]

time waster

[limbimtimwim]

You could at least do them for false advertising! Look at those dolphins in picture 17!

At least two are fake. I'd be demanding 3 dolphins or there'd be BIG trouble.

BIG TROUBLE.

[Conquiztador]

DT is not run by a judge. So the outcome is not always in following with legal rules. Common sense will prevail (been there...). It costs you $30 to lodge a proceeding with DT, but there is no guarantee they take it up, it depends on the case. In your case I would say that the chance they want to spend time on this is slim.

Yep, the seller had no idea what they were doing. But you also have no feedbacks, so same could be said about you...

"If it seems too good to be true, it normally is..."

Walk away and have a giggle. Will be something to pull out when at the pub with the boys (and girls).

Re the red feedbacks on TM. I have 6. One was my fault, rest not. But I am not too worried. I will always give red when deserved. Then if I get a red back it only shows what kind of trader it was anyhow. And 99% of TM members understands that.

[RantyDave]

here is the auction in question........ http://www.trademe.co.nz/Browse/Listing.aspx?id=108621311
The most stupid thing I've seen in ages, doesn't even say what is for sale. I'd say what you bought is a copy of a written "business plan".

Dave

[Disco Dan]

Looks like you got yourself a nice restaurant there.... hows the steak there?

[Morcs]

here is the auction in question........ http://www.trademe.co.nz/Browse/Listing.aspx?id=108621311

thats definately worth claiming in court IMHO.

dont give up on that...