can a buyer back out after accepting a best offer

[hildybarry]

I purchased 2 mufflers  us best offer a month ago seller sent one right away and said he would send the other when available up 10 days. I looked up the muffler on his site but now he wants 40.00 US more in his ad and has 8 available . he wants me to take a refund and I want my muffler  I paid 179.22 US for 2units he now is asking 126.71 US each

[femmefan1946]

You paid for 2 units.

He sent you one unit.

He said he did not have 2 units when you bought and paid for 2 units.

Now he does have a second item.

He owes you that second item.

Actually, he should not have accepted your payment for two items when he did not have two items. No excuse for that. 

Tell him( if you have not already) that you do not want a refund. You want the muffler you paid for.

if he is stubborn, stop communicating and open an Item Not Received Dispute in the Resolution Centre at the bottom of this page.

If he does not ship, he loses his Final Value Fees and has black marks against his selling account.

Neither you nor eBay can actually force him to ship, but the financial hit may change his mind.

Unfortunately, you will not be allowed to leave appropriate feedback nor the more important Detailed Seller Ratings, which would be even more effective in letting him and eBay know about his business practices.

[momcqueen · Accepted solution]

This might be tricky. If you paid for two and he sent only ONE, you have a different kind of case in the Resolution Centre. Was this added to the bottom of the invoice or was it a clear case of bought two, got one? Were your communications done by ebay Messages? Make sure that they are. You need him to state explicitly in ebay Messages that he acknowledges he sent you one but that you paid for two and that you are still waiting for the other at the price paid. 

Basically, you have an Item Significantly Not as Described if you are shortchanged on quantity. The reason it could be tricky is that I am assuming he used tracking on the order and if he wants to be difficult, can try to now say, 'Hey man, there was two in the box, the box arrived, I have tracking to prove it' and then it becomes a he-said-she-said situation. 

AND I hope you didn't agree to send payment for the second one on the side through paypal or whatever, like separately. Or as a seller's extra on the bottom of the invoice. Those are big no-nos for the sake of buyer protection. 

Write back with more information, please.

You should be able to get your money back for the item you didn't yet get BUT you might be out of luck on the second muffler. It's pretty hard to force someone to do the right thing. If pushed AND TRULY DISHONEST the guy could send you a box of rocks instead of your second muffler and then you have a fight on your hands. But that's getting ahead of ourselves. It rarely comes to that kind of shenanigan. If it does, get your money back and leave appropriate feedback when it's all over. Calm, factual feedback. Make no mention and I mean NONE of feedback in your communication with him ahead of time or you run the risk of having it removed when you're done for violating policy. 

[hildybarry]

thanks for your reply the seller eventually did me right . I did as you suggested and communicated via message center
I also wrote that I saw the same item for sale for 40 us extra with 8 showing after that message the item was shipped immediately . I am not sure if seller was trying to play me or not but I di know that after taking action my month long wait was over ...thank you again for your response its folks like you that make ebay a safe and fun place to do business