Expert: Marvinator - 6/26/2004

Question
What if you’re a buyer and you negotiate a price off site (eBay) and you pay for the product using paypal and the seller avoids your repeated emails as to the shipping of the product what’s next. How long should one prolong reporting the transaction to paypal and is there any legal recourse? -------------------------
Followup To
Question -
Can one sell a product listed on ebay through private channels with out telling ebay and with out removing it from ebay if so what are the penalties. Further can one remove a product from an ebay listing befor listing runs out legally and if so how and what are penalties
Answer -
What you're basicaly asking is how to cheat.  You want to be able to use Ebay and NOT pay them their fees on an item you sell, which you will sell OFF SITE, rather than ON SITE in an auction.  You also want to be able to end an auction without declaring a winner for the same purpose.

Yes, it can be done and is done all the time.  There are drawbacks to that, however.  

First is feedback.  If you never get any deals done through ebay, you cannot get Feedback and  you will always have a low 'beginner's' level of feedback. THis will keep people from wanting to deal with you for obvious reasons.

Second is protection.  If you deal off site, you have no recourse if you are scammed, or frauded out of your items. Bidders are constantly advised to resist any sellers offers of off site sales. Once again you will do less sales due to this factor.   

Third is reputation.  There will be bidders that will turn you in if only for the sheer joy of doing so. Ebay will cancel your account (Called NARU - Not A Registered User) and you will NOT be able to get it back.  Yeah, you can get a new account, but it's difficult and once you go through this process a few times, you're out of luck - you'll be banned completely.  

I hope this hasn't come off to harsh.  It's best to plan your selling to include the fees, and write them off as a way of making money.  The more you deal WITH ebay rather than against them, the better you will do profit wise, too.  

Answer
Once you agree to a deal off site, you really have little recourse.  You have paid for an item, and it is not sent, so you COULD get authorities involved if you felt strongly. But before you go that route, let's examine what is the norm.

According to Ebay AND the FTC, a seller has 30 days to ship an item once it is paid for.  Has it been 30 days or more?  If so, you might want to take the next step.  If it is under 30 days, give it time.

What are the 'next steps'.  As far as Ebay is concerned, you dealt off site and therefore they will give you nothing.  Don't even waste your time trying to report the seller, because once you go through with a deal, you're in the same boat as the seller.  

Legally, you could contact the police in the city where the seller lives.  Tell them the story in a logical and dispassionate manner, and ask them for some aid in getting in contact with the seller.  (You see, if you HAD dealt with the seller on Ebay, you could get their phone number AND address from Ebay, but off site deals have no such luxury.)

If you mailed your payment you could contact the Postal Fraud Division of the USPS (and some even claim that making a Paypal payment for a mail order item falls into the Mail Fraud's jurisdiction).

Most importantly, contact Paypal.  If you are dealing with a verified seller, you may be able to get  your payment back because the item never arrived.  There are rules for this, so be sure to read up on it.  

The main rule of thumb is to never deal off site.  Never deal with anyone that insists on Western Union, insists on THEIR Escrow service, and sometimes it may be best to not deal with any seller out of the US.  (This shoudl be considered on a case by case situation, but you have to stay alert to any scammers out there. )  Good luck on your endeavors.