Enforcing A Sale - Possible Lawsuit

[DSToken]

I won a brand new item for under 3k that currently sells for 17k new in retail.

The item was paid for using paypal, and the seller refunded my money several days later. They claimed that I did not meet the reserve, although they did not set one.

In their auction they put the text "reserve is $XXX" and claim that they have the right not to sell it due to this fact, and that it didn't go for as much money as it should have. I doubt the reserve is valid as they did not define what "reserve" meant in lieu of using it in the software ie ebay's functional definition. I am thinking they put this language in routinely in order to evade ebay fees for a reserve and to provide weasel room to try and get out of the sale.

They also claim it is not legally binding because they returned the money. As everyone knows, if someone wants to refund your paypal payment, there is no way to stop it except for closing your account beforehand.

I have never gotten Ebay to enforce a sale before, even though their rules state that the auction is legally binding. I will still contact them in this case to try and get them to enforce the sale, since this is their site.

Due to the amount of $ involved I am considering retaining an attorney and suing for breach of contract. I would probably name Ebay along with the other party since, I am guessing, Ebay will not be enforcing the sale.

I understand that the doctrine of mistake can sometimes come into play if someone makes a mistake in pricing an item. However, in this case it was purely an auction and the market determined the price.

Any experience with a situation like this? Is there any case-law that anyone has heard of in this regard. Also, opinions about the facts of the case would be welcome.

Thanks

[lakeman]

Good luck with that. I hate to tell you, but you're wasting your time AND money!

[Melissa1971]

Originally Posted by DSToken

I won a brand new item for under 3k that currently sells for 17k new in retail.

The item was paid for using paypal, and the seller refunded my money several days later. They claimed that I did not meet the reserve, although they did not set one.

In their auction they put the text "reserve is $XXX" and claim that they have the right not to sell it due to this fact, and that it didn't go for as much money as it should have. I doubt the reserve is valid as they did not define what "reserve" meant in lieu of using it in the software ie ebay's functional definition. I am thinking they put this language in routinely in order to evade ebay fees for a reserve and to provide weasel room to try and get out of the sale.

They also claim it is not legally binding because they returned the money. As everyone knows, if someone wants to refund your paypal payment, there is no way to stop it except for closing your account beforehand.

I have never gotten Ebay to enforce a sale before, even though their rules state that the auction is legally binding. I will still contact them in this case to try and get them to enforce the sale, since this is their site.

Due to the amount of $ involved I am considering retaining an attorney and suing for breach of contract. I would probably name Ebay along with the other party since, I am guessing, Ebay will not be enforcing the sale.

I understand that the doctrine of mistake can sometimes come into play if someone makes a mistake in pricing an item. However, in this case it was purely an auction and the market determined the price.

Any experience with a situation like this? Is there any case-law that anyone has heard of in this regard. Also, opinions about the facts of the case would be welcome.

Thanks

Shame on you.....

[DSToken]

Originally Posted by lakeman

Good luck with that. I hate to tell you, but you're wasting your time AND money!

Why? Its 10k? Please elaborate.

[DSToken]

Originally Posted by Melissa1971

Shame on you.....

Shame on me? What for enforcing the sale per the auction??

[Melissa1971]

Abide by the terms of the listing which read there was a reserve

Either way, you were refunded. It is done.


Now you're talking about suing the guy

[DSToken]

Originally Posted by Melissa1971

Either way, you were refunded. It is done.

What if someone had won the lottery? Should they be satisfied after they are refunded their $1 after the lottery decides they don't want to fork over the $100m?

[DSToken]

Originally Posted by Melissa1971

Abide by the terms of the listing which read there was a reserve

Yes, but that was shady to put that in since it was hidden at the bottom and not done in the correct manner of using the ebay feature.

Anyways, by putting that in there didn't they void the ebay terms, and thus create a voidable provision?

[lakeman]

You're missing the point COMPLETELY! When you bid/buy an auction, it clearly says you are agreeing to the sellers terms and conditions of the sale. The seller stated in their description that there was a reserve.

I understand they didn't do it the right way, but you did agree to the description when you clicked the bid button.

[DSToken]

Originally Posted by lakeman

Good luck with that. I hate to tell you, but you're wasting your time AND money!

Do you disagree with the legal theories and merits of this case, or are you operating on the standard assumption that litigation is costly and collection is difficult?

This seems to be a company that sells lots of equipment and has some funds.

[lakeman]

Both. Besides it being costly, you agreed to the sellers terms. Even if it wasn't in the sellers terms, I highly doubt you would have any case against the seller. The seller can not sell the item for any reason he/she wants.

Ebay cannot make anyone sell an item.

[DSToken]

Originally Posted by lakeman

You're missing the point COMPLETELY! When you bid/buy an auction, it clearly says you are agreeing to the sellers terms and conditions of the sale. The buyer stated in their description that there was a reserve.

I understand they didn't do it the right way, but you did agree to the description when you clicked the bid button.

I never clicked the bid button. Sniped it. lol

[lakeman]

No matter what way you bid/bought it, you had to agree to the terms before you bid/signed up for the sniper..

You're just wasting time and being a little childish really.

[DSToken]

Originally Posted by lakeman

Both. Besides it being costly, you agreed to the sellers terms. Even if it wasn't in the sellers terms, I highly doubt you would have any case against the seller. The seller can not sell the item for any reason he/she wants.

Ebay cannot make anyone sell an item.

Yet another reason ebay sucks. If only someone could create a better marketplace, eliminate paypal from it, and create enough critical mass to make it useful.

[DSToken]

Originally Posted by lakeman

No matter what way you bid/bought it, you had to agree to the terms before you bid/signed up for the sniper..

You're just wasting time and being a little childish really.

I was obviously just kidding about the snipe comment if I said lol. Don't get bent out of shape

Here is some clarification on the ebay rules. Look here.

http://pages.ebay.com/help/policies/...g-reserve.html

It specifically says stating a reserve in the terms in conditions is not allowed. So although ebay says you are agreeing to the buyers terms, putting an illegal term in would basically invalidate that term. (because the item is being sold on Ebay's marketplace and is thus sold in accordance with their rules)

I believe that issue is settled now.

[lakeman]

Like I said, I understand they didn't do it the right way. You still have no case here.

Do what you want, it's your money, good luck! Let us know the outcome.

[DSToken]

Originally Posted by lakeman

Like I said, I understand they didn't do it the right way. You still have no case here.

Do what you want, it's your money, good luck! Let us know the outcome.

I will talk to some Attorneys on Monday, and then I will inform.

[BiN4RY]

The only thing you can do is to leave a negative feedback. Attempting anything else would be wasting your own time and money, and you will not get the satisfied outcome as you desired.

[jeffweico]

Originally Posted by DSToken

I will talk to some Attorneys on Monday, and then I will inform.

This is all you can really do. I see much speculation here as to whether or not the case has merit. But it is just that - speculation. An attorney well versed in such matters will be able to tell you for sure whether or not you have a case.

It would be interesting to know the answer.

I am personally not aware of a case where a buyer has sued an eBay seller to enfoce a sale. That does not mean that there have not been any, just that I am not aware of it. But I have to think it would be rare.

[Melissa1971]

Originally Posted by DSToken

Yes, but that was shady to put that in since it was hidden at the bottom and not done in the correct manner of using the ebay feature.

Anyways, by putting that in there didn't they void the ebay terms, and thus create a voidable provision?

Wow, you are a real piece of work calling HIM shady

And going further to accusing him of "not doing it right". But that's what you would need to think or you might feel guilty, hate to think maybe the software failed. AND This is NOT the lottery as you referenced to me in your other post to justify your scamming

Courts do not side with Ebay's software failure or human error regarding the software. They go by the written terms of the agreement. The Seller ensured there would be no mistake by adding these terms into the listing yet here you try, even going so far as to consider taking him to court. You were refunded per the terms of the agreement you signed up for. The only way you would know the software failed or human error occured is AFTER you agreed, otherwise you wouldn't be clicking the button to bid.

Instead of suing him you need to leave a positive feedback for the Seller apologizing for your reprehensible behavior.

[oompaloompa]

I would be interested to know the outcome of the attorney opinion out of curiousity, however in UK in this situation the balance would be on fairness and would probably side with seller, as they put reserve info in text and very hard to prove software failures etc too many indeterminables..

I think you would have to include ebay in your lawsuit, as seller would otherwise say I pressed reserve but it didnt happen, and ebay wouldnt give out info unless obliged to -
would ebay settle or fight you, who knows, would cost alot with no definite guarantee of success. If it were me I wouldnt pursue it....

[Themightycrow]

To be honest you seem really shady, he wrote there was a reserve in the information at the bottom, and now you want to sue him? You clearly saw it in the info. You have no case and if you tried suing ebay i guess you would loose, and then pay the costs.