Ebay non-binding vehicle auction vs deposit

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SavannahSmiles

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I recently sold a vehicle on Ebay - the listing specified $1000 deposit in a 48hr time frame (it was NOT specified as non-refundable). I agreed to take $500 deposit within the specified timeframe due to buyer financial issues covering shipping costs for the vehicle. Buyer sent it via PayPal almost immediately. Roughly 24 hrs later the buyer changed his mind and now wants $500 deposit back (minus PayPal fee) threatening to sue me for it. I am possibly liable for up to $150 in "successful listing" fees that Ebay may/may not refund so I am refusing the refund until I get an answer from them.

-Do I have any right to keep the deposit in whole or part of it to recover my damages?
-If he sues me, will it for sure go to Nebraska small claims court? (Buyer is based in Virginia).
-Can I counter-sue him for damages preventing me from possibly selling truck to another buyer? If I win said suit, can it be enforced in Virginia?
-If I am successful in my defense in Nebraska, can I force him to pay my legal fees?

Caveat...
Ebay's auctions for vehicles and real estate are listed as non-binding contracts as per their policy.
 
SavannahSmiles said:
I recently sold a vehicle on Ebay - the listing specified $1000 deposit in a 48hr time frame (it was NOT specified as non-refundable). I agreed to take $500 deposit within the specified timeframe due to buyer financial issues covering shipping costs for the vehicle. Buyer sent it via PayPal almost immediately. Roughly 24 hrs later the buyer changed his mind and now wants $500 deposit back (minus PayPal fee) threatening to sue me for it. I am possibly liable for up to $150 in "successful listing" fees that Ebay may/may not refund so I am refusing the refund until I get an answer from them.

-Do I have any right to keep the deposit in whole or part of it to recover my damages?
-If he sues me, will it for sure go to Nebraska small claims court? (Buyer is based in Virginia).
-Can I counter-sue him for damages preventing me from possibly selling truck to another buyer? If I win said suit, can it be enforced in Virginia?
-If I am successful in my defense in Nebraska, can I force him to pay my legal fees?

Caveat...
Ebay's auctions for vehicles and real estate are listed as non-binding contracts as per their policy.

Yikes!
This is messy.

He can sue you in small claims in VA. The problem would be serving you.

You live in NE. His best bet would be to sue you in NE. But, his costs would far exceed any potential gains.
Only an idiot would sue over such a trivial amount. It makes no financial sense.

You, on the other hand, want to retain your good reputation on e-Bay.
Make a fair counter-offer in settlement of this mess. Do what you can to fix it. You've got more to lose, than you stand to gain. You've, no doubt, spent years building your reputation. Don't be greedy and lose track of the bigger picture.

If it were my decision, I'd offer him his $500 back, less any PayPal fees.
I'd offer it in settlement of any further issues. Get his acceptance in writing, not just an email. If he agrees, make sure e-Bay is apprised of the offer and acceptance. This will save face for everyone, and further enhance your splendid reputation.
 
Yikes!
This is messy.

He can sue you in small claims in VA. The problem would be serving you.

You live in NE. His best bet would be to sue you in NE. But, his costs would far exceed any potential gains.
Only an idiot would sue over such a trivial amount. It makes no financial sense.

You, on the other hand, want to retain your good reputation on e-Bay.
Make a fair counter-offer in settlement of this mess. Do what you can to fix it. You've got more to lose, than you stand to gain. You've, no doubt, spent years building your reputation. Don't be greedy and lose track of the bigger picture.

If it were my decision, I'd offer him his $500 back, less any PayPal fees.
I'd offer it in settlement of any further issues. Get his acceptance in writing, not just an email. If he agrees, make sure e-Bay is apprised of the offer and acceptance. This will save face for everyone, and further enhance your splendid reputation.

Actually, that is all I have been asking for from the start - all I want is to make sure I am made whole. In fact, I already stated numerous in our exchanges that if Ebay will refund my fees, then I would have no problem returning his deposit minus PayPal costs. He will hear nothing of it claiming I have no right since Ebay auctions are non-binding - says it is not his fault that I have "successful listing fees" (It was only successful because the idiot agreed to buy my truck :cussing:). He has been threatening "legal action" from the start of this mess and now has given me 14 days to return the deposit or he's going to sue me. This is crazy.
 
Not so fast....

I've never dealt with ebay motors, but on the regular ebay site you are not allowed to change your mind once you buy the item per the ebay terms and agreements. Check with ebay, but I believe you could get his account terminated, which would eliminate the possibility of a bad reputation on ebay from him.

Otherwise, if ebay still insists on charging the sellers fees, then I would deduct that amount from the deposit made and refund the rest. But, if you report him as a deadbeat bidder (which I would absolutely do) then there should be no fees at all.
 
Not so fast....

I've never dealt with ebay motors, but on the regular ebay site you are not allowed to change your mind once you buy the item per the ebay terms and agreements. Check with ebay, but I believe you could get his account terminated, which would eliminate the possibility of a bad reputation on ebay from him.

Otherwise, if ebay still insists on charging the sellers fees, then I would deduct that amount from the deposit made and refund the rest. But, if you report him as a deadbeat bidder (which I would absolutely do) then there should be no fees at all.

I am hoping Ebay will make this right for me in the end so I can just move on with my life.

As info, the "big ticket" items such as Ebay motors and real estate listings are non-bindind as per their policy....unreal

I have to wait 4 days from the auction ending (Sunday evening) before I can start the "non-paying bidder" complaint process.
 
How much are the ridiculous e-Bay fees?

The actual listing fees are only around $10 or so, but the "successful listing fee" is $125 after your item sells - it's based on value of the item itself.

All I want out of this is to not pay the $125 that the buyer put me on the hook for when he committed to the purchase. I am not looking to keep the entire deposit - I just want to be made whole either by Ebay or the buyer. I have said this 5 or so times in almost all of my emails.

I am trying to do the right thing, but this fool is not.
 
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