Seller doesn't actually possess the item he's sold me

[pasqueflower]

I bought a food mixer attachment from eBay and it now turns out the "seller" had bought it off someone else, it hasn't arrived from them, so of course he can't now send it on to me.

He'll refund my payment, but I've been waiting much longer than the time specified on his listing and would've bought it somewhere else instead.

Before I neg him, does anyone know if this would actually be against eBay's selling policies? I can't find a direct answer on the eBay site.

I would neg him, especially as he was selling a non item, and didn;t refund straight away. How annoying!

If he's buying & selling doesn't that make him a business seller?

no you are not allowed to sell items on ebay which are not in your possession.

Thanks. I've sent him a rather sharp email.

His previous ratings are 100% positive. The listing said he'd bought the item only to find someone in the household had thrown the actual mixer away, but he's a numpty to say the least to then offer it for sale when he didn't have the the attachment.

I will give him a negative rating though.