They can… that is what happened to me. I offered the buyer an additional service in the order timeline which they did not accept at first. The gig was about to expire (had 45 minutes left) so I marked it complete. Then a day after I did that the buyer decided to accept the gig “extra” and it reactivated the gig. Since a day had already passed and the gig-extra uses the original time/date the main gig was ordered, it was automatically LATE.
That leads to two situations.
#1 - The seller is late and receives a late mark. I have the e-mails and screen captures to prove that fact.
#2 - The buyer has the option to cancel the entire order because its LATE. While that didn’t happen in my case, the potential for abuse is there to get free gigs basically. In the TOS the buyer has full right to cancel an order if its late, without any penalty on them. So one could actually get the order for free if it is timed right on an express gig. You have three days after the seller closes the gig as long as you don’t leave comments on the delivery.
Being our Fiver level status is now calculated on # of late gigs, canceled gigs and other criteria, it would not be hard to take down a fiverr competitors rank with an extra $40. Just order an express gig, ask them for a custom offer within that order, let them deliver and after 2 days accept the gig-extra. Boom…late. Then cancel and get your $$ back (or just accept the order as is at that point) Either way the seller gets a late mark, and/or a canceled order!