How to set gasPrice or maxFeePerGas lower then the current baseFee?

[Robsonsjre]

before EIP1559 we were able to leave a transaction with a low gasPrice pending for days until it was mined.

How do I reproduce this behavior using ethers after the EIP1559?

When I try to add low gasPrice or maxFeePerGas I receive the error:

max fee per gas less than block base fee

[zemse]

The error max fee per gas less than block base fee is not from ethers js, it is triggered from the backend. What node are you using?

[Robsonsjre]

Infura endpoint

[zemse]

I see. Seems both geth as well as openethereum do not allow submitting a tx with a lower fee than the current block's base fee.

I think it should allow to do that. Imagine base fee keeping on going up like 300 gwei or something, users won't be able to bid 250 gwei so that when base fee falls down to 250 their tx gets mined. This requirement must be causing sharp drops to base fee lol or user who really wants to get their tx, have to increase their base fee. What do you think @ricmoo ?