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

**canarlee** · 26th July 2007, 13:00

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** · 26th July 2007, 13:02

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

**WarlockNZ** · 26th July 2007, 13:08

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** · 26th July 2007, 13:16

Originally Posted by WarlockNZ

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** · 26th July 2007, 13:21

Originally Posted by WarlockNZ

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.

Originally Posted by peasea

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** · 26th July 2007, 13:21

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

**breakaway** · 26th July 2007, 13:37

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** · 26th July 2007, 14:11

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** · 26th July 2007, 14:18

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** · 26th July 2007, 14:20

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** · 26th July 2007, 14:27

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** · 26th July 2007, 14:29

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** · 26th July 2007, 14:31

Originally Posted by 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.

Originally Posted by imdying

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.

Originally Posted by 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!

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** · 26th July 2007, 14:35

Originally Posted by ManDownUnder

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/List...x?id=108621311