I was the winning bidder in one of bitsmith's auctions, but he wouldn't complete the sale, apparently fabricating first one, then another, story to get out of his obligation.  Here's the complete, unedited text of all my communications with bitsmith, from earliest to last.  Only the e-mail headers, and some salutations, have been removed, for clarity.  Please judge for yourself before bidding in one of his auctions.



7-30-99  E-mail from me to eBay seller (bitsmith)

Dear eBay seller,

I am the winning bidder in this auction of yours:

Seiko Digital Quartz Mens Multifunction Watch (Item #134980769)
Final price: $79.86
Auction ended at: 07/28/99 12:18:24 PDT
Total number of bids: 11
Seller User ID: bitsmith
Seller E-mail: [withheld]
High-bidder User ID: [email protected]
High-bidder E-mail: [email protected]

I hope the bid amount is high enough to cause you to include the box, etc. that you found.  My shipping address is

John Pelham
[address deleted for privacy]

Please tell me how much to add for shipping and insurance, and where to send it.




7-31-99  E-mail from seller to me

Hi John.

I've got a problem.  You were the top bid, no dispute there.  However, I got a frantic note from another bidder who missed the closing by a traffic jam!!

I hate when that happens.  Actually I wish we could specify the closing time for bids, I don't like the way it sets the time for you.

Anyway, here's the question.  I feel that it would be fair to ask for one final bid from both you and the other bidder.  I paid some big bucks for this watch, and would like to 1)see it go to a truly happy home and 2)wouldn't mind putting some bucks back in my pocket.  I'd also like to send it along with all the extras.  So wadda you say?  In the spirit of good sportspersonship would you like to make a final offer?  Or are you gonna give me a hard time.  The other request I got was really touching.

And BTW, here's what it will cost to have it shipped.
http://ebay.iship.com/ebay/mp_matrix.asp?pid=599b90ab456511d39a840090278939d0

Thanks for your consideration.




7-31-99  E-mail from me to seller

This is a joke, right?  No?  Perhaps you should go back and re-read the eBay rules, which say, among other things, that you are obligated to sell the item to the winning bidder, just as I am obligated to buy it.

I choose the cheapest shipping cost on the chart your URL presented me with, which is $7.00.  Please tell me where to send payment, and I'll send a money order right away.




8-2-99  I received no response to my e-mail above, but instead a telephone message from the seller asking me to call him.  I did not.  Instead I sent the e-mail below.

eBay seller:

I received the message you left on my telephone answering machine asking me to call you, but I've no wish to talk to you on the telephone.  I would like to conduct all our communications by e-mail, so that they can be "on the record."

I must state again that when you listed your item in an eBay auction without a reserve, you committed yourself to sell it to the highest bidder.  No ifs, ands, buts or exceptions.

You have a choice to make, and please make it quickly.  I grow weary of this.  You can either

1. Sell it to me for my high bid amount, in which case you'll be sending me your address so I can get a money order right off to you.  In this case I will of course expect that the item will be well packed, and exactly as described and pictured when I receive it.

2. Decide to break the eBay user agreement, in which case I will, at the least, forward all this to eBay for what I hope will be appropriate action.

For your reference, I quote here applicable parts of the eBay user agreement:

If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as; (x) the buyer fails to meet the terms of your listing (such as payment method), or (y) you cannot authenticate the identity of the buyer. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level (bid siphoning), nor may you use an alias to place bids on your auction for any reason.

Without limiting any other remedies, eBay may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.




8-2-99  E-mail from seller to eBay (copy to me)

I must offer sincere apologies to all bidders.

My wife was diagnosed in February with cancer.  I lost my job because my company thought I was spending too much time away while I took care of her for 3 surgeries.  We've been forced to sell many items.

I posted the following item for sale:
http://cgi-new.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=134980769

During a garage sale this weekend (one of many), the item was inadvertently sold while I was not present.  I truly wish there were a way I had control over this, but I didn't.

Again, my apologies to all who were part of the auction for taking your time. Please refund the $2.62 because this transaction could not be completed.




The use of two different stories to avoid selling me the item, plus the timing of the second story's release to eBay and me, just a couple of hours after I made it clear I would not give up, are curious, to say the least.  Like I said, you be the judge.