Auto Sale on Ebay

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mike3000

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Please help...

I listed a vehicle on ebay on behalf of my father. The ad specified that I was willing to deliver within a 120 mile radius of NYC. The vehicle sold to a person form VA and he asked if I would be willing to meet in Cape May. I agreed and he sent me a deposit. After the fact I realized the Cape May is 150 miles from our home and also, due to personal reasons we cannot sell the car any longer. I informed the buyer of this, but he refuses to hear it. I fully refunded his deposit. He claims we entered a contract and I am liable to provide the car. He threatens to sue and if he wins, I am liable for the cost of the car, $6,500 in this case. Does he have a case? He claims to have a sister in law in NY that will "file papers" for him if I do not produce the car. I don't think I could be held responsibe for the entire cost of the car, only for the diference of th cost between this one and a similar model. He is extra mad because he sold his car (after winning this one) in anticipation of buying this one and therefore will incur addtional costs by renting a car. It is not my fault he sold it so quickly.
 
He is definitely not going to get the cost of the car, he may not get anything. Since you refunded his deposit he may not be entitled to anything else. In order for him to sue and prevail, he needs to sue you where you are at, and prove some sort of negligence. He can file a claim, only a judge will decide who wins. If you are served be sure to respond to the summons, you do not want him to win by default, which is what he possibly could be hoping for as well.
 
Thank you kindly for the response. What about the fact that he was the righful winner of the car on ebay? Technically, that is a contract. Does that matter any?
 
mike3000 said:
Please help...

I listed a vehicle on ebay on behalf of my father. The ad specified that I was willing to deliver within a 120 mile radius of NYC. The vehicle sold to a person form VA and he asked if I would be willing to meet in Cape May. I agreed and he sent me a deposit. After the fact I realized the Cape May is 150 miles from our home and also, due to personal reasons we cannot sell the car any longer. I informed the buyer of this, but he refuses to hear it. I fully refunded his deposit. He claims we entered a contract and I am liable to provide the car. He threatens to sue and if he wins, I am liable for the cost of the car, $6,500 in this case. Does he have a case? He claims to have a sister in law in NY that will "file papers" for him if I do not produce the car. I don't think I could be held responsibe for the entire cost of the car, only for the diference of th cost between this one and a similar model. He is extra mad because he sold his car (after winning this one) in anticipation of buying this one and therefore will incur addtional costs by renting a car. It is not my fault he sold it so quickly.
From my perspective, here is the way I see the deal. The seller is correct and so are you. Perhaps, mike3000, you should be a lawyer. :) You entered into a contract. But I think that the seller is mistaken as to what that contract is. If the seller files, he might as well bring the entire amount to pay for the car and to reimburse you for court costs since he has no case. I think he's bluffing.

(1) The seller bid and won an auction with an agreement to deliver the car within 150 miles of NY. At that point, a binding contract has been accepted. There has been an (1) offer (2) acceptance and (3) "consideration" exchanged in this deal, a car for money. All three necessary elements to create a contract have been met.

(2) The seller requested that you deliver elsewhere. You agreed to comply. No additional "consideration" was exchanged. This did not affect the contract which had already been agreed to. Nor did it create an additional contract as it did not qualify. It also does not qualify under any other legal theory that I am aware of, e.g. unjust enrichment or detrimental reliance, which I will not get into right now.

(3) Your refund of the money essentially put the buyer back into the position he was in before the agreement. If the buyer insists on going through with the deal, then he can also have his sister pick up the car within the area specified.

Good luck to you. Let us know how it all turns out! :D
 
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