Ebay Etiquette

The seller accidentally made a duplicate listing on Ebay. I won the first one for $20. The second item, which ends 2 hours later, is already up to $40. I know they are duplicates because they both have the same serial number on the slab.

What should I do and what should I expect the seller to do?

 

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Is it possible he has more than one and is just using a stock image?

 

Thats probably what he did.

 

It's a coin with a particular error of a particular size, so I believe it is unlikely he has two of them.

 

I would still guess he is using stock images. As to what you should expect - the coin you bid on as promised.

BTW, it is against eBay rules to use stock images;

 

What type of error is it? If it's some sort of die gouge or crack etc, things I call sub-varieties, then he could very well have several coins that are identical as far as the error goes.

 

it's a 20% clip on a wheat (and it's certified) - We'll see what happens.

 

If it is certified and they are both the same number, that is also against eBay rules.

 

It is possible he has a bunch of them maybe even from the same bag. But what bothers me, is the same serial number is listed. Hey, you won it at $20. The offer to sell is a legal contract. You pay the guy and he owes you the coin. Please keep us posted. I believe you will get the coin. At least I hope you will.

gary

 

There seems to be some problem listing multiple coins and getting the images with the right listings. I have notified several sellers of such occurances and they are usually grateful for the heads up and delete the listing with the error. Two large cent postings were showing the same coin and the seller removed the one in error because the correct images were added to the images of the prior listing rather than separate. On other occasions, the wrong reverse image waas posted with the right obverse image.

A quick double check following my request to verify the images confirmed it. I was really wanting that 1795 Obverse C / 1796 Reverse E in the worst way. Unfortunately, it was just an error posting the correct image.

I suspect that the best the seller can do is to post offer to cancel the transaction if he sold the coin twice in error. He can only honor ONE commitment and the highest priced one will likely win out. As long as the posting was a legitimate error, the seller is not usually required complete the transaction by specific performance like they do in real estate.

ps- Since this sounds legal, I must state this is an opinion and not legal advice you should always consult with an attorney for legal advice. This is what Attorneys make us do to protect their legal racket.

 

The seller should honor the first auction ended.

 

I take exception to what you said. The seller should honor the auction, which ended first. Whether or not there was a duplicate auction or not. Whether the seller will do that, is another issue.

 

Assuming that both auctions are completed before the seller is aware of the duplication and aware that the buyer was aware of the error and did not notify the seller and is therefore at least partly culpable for not advising the seller, I stand by my prior statement. There are TWO binding contracts and only one can be fulfilled. There is actually some question whether either is actually binding in the case of an error. The law doesn't usually allow a party to benefit from an actual error unless the other party holds himself/herself out to be expert.

ps Ignorance is not an error, so not knowing the value of an item is not a reason to cancel a transaction.

 

There is absolutely no way that the seller would not have been aware of simultaneous auctions. They get a listing confirmation on each one. The only error there, was on the part of the seller. A buyer is under no obligation to notify a seller.With all due respect, that is a ridiculous argument in an attempt to justify the seller's errors .

 

There absolutely is a way "that the seller would not have been aware of simultaneous auctions" - and I have done it. I listed them, went on vacation and came back to a nasty note from eBay telling me that I was not allowed to list the same coin twice. As for your listing confirmations, if I sell 10 $100 coins, you may be correct. But if I sell 100 $10 coins, I would never notice a coin listed twice even if I were not on vacation.

 

As I understand it, the seller had to have created both listings, Ebay didn't systematically create a duplicate auction . Therefore, it's the sellers fault. All i'm saying is that the responsible thing to do from a sellers standpoint, is to honor the auction which closed first. To do otherwise is poor business . The seller's mistake, is just that and a buyer is under no obligation to the seller, other than to pay for the items won and consequently the seller to honor the auction listing or in some other form make good to that winner. I can see how that may happen, but no one else is responsible for that error, other than the seller. The fact that a seller has to many listings to keep track of is no one's fault but their own .

 

Robbudo-

People make mistakes. Have you simply contacted the seller and asked them about it?

 

There is NOTHING magic about which auction closed first if they are close to the same time. That comes from REAL ESTATE where the first transaction to be recorded has precedence, regardless of which one is first signed (at least in RACE {as in 'to the courthouse'} states). Personal property issues are usually restricted to monetary damages and cancellation of the transaction would usually be sufficient to cover damages since in an auction, the final price is normally a great indicator of value.

I think you are trying to take advantage of an error rather than being made whole. It's no different than a misprint in a newspaper add which does NOT have to be honored.

ps I have never sold or attempted to sell on EBay or any other auction site. So I don't have a dog in this show. I have only once been trashed by a seller for informing them of an error. By far, most sellers are extremely cooperative when informed of an error. Needless to say, that seller went on my permanent DO NOT BUY list.

 

Man, you are being argumentative tonight, I never said it was anyone's fault except the listers or mine. I never said eBay did or didn't systematically create a duplicate auction. (They did not. I did.) I never disagreed with your solution, but it is one way of settling it. IMO, not the only way.

 

Of course people make mistakes but taking responsibility for them seems to be a thing of the past , as some contend the buyer had an obligation to notify the seller of a duplicate listing. That's just nonsense . I hope they are able to work this out. People are in to much of a rush today, and make mistakes, like mailing coins to someone other than the individual who paid for them. Need to turn the auto pilot off, and pay attention to the task at hand, and they will have less mistakes, if any. I would like the OP to list the link to both auctions this situation is about. It could be the seller had duplicates and intended for two listings. Who knows.