eBay Seller Not Happy with Auction Price says, "thanks for trying," Can I Sue?

[ChiDave]

Dear Legal Experts and Law Junkies,

I recently won an auction on eBay. The final auction price was significantly less than the "market" value. The auction was bid on by two other people and was seen by 44 people. The price it received was the "eBay" value.

After winning the auction, I sent the seller an e-mail asking about pick up and payment. He promptly responded to let me know that the item's retail value was much greater than the winning bid and "thanks for trying." Translation: I'm not selling you my item for that price.

What legal recourse do I have? This item's value is in excess of $5000, so I don't think I can file in small claims court. Also, he is in Florida and I am in Illinois. What do I need to do to get a court to enforce the auction agreement/contract?

Thank you in advance for your assistance.

 

[WebJunkie]

Dear Legal Experts and Law Junkies,

I recently won an auction on eBay. The final auction price was significantly less than the "market" value. The auction was bid on by two other people and was seen by 44 people. The price it received was the "eBay" value.

After winning the auction, I sent the seller an e-mail asking about pick up and payment. He promptly responded to let me know that the item's retail value was much greater than the winning bid and "thanks for trying." Translation: I'm not selling you my item for that price.

What legal recourse do I have? This item's value is in excess of $5000, so I don't think I can file in small claims court. Also, he is in Florida and I am in Illinois. What do I need to do to get a court to enforce the auction agreement/contract?

Thank you in advance for your assistance.

You're best bet would be to contact eBay. An eBay auction, as far as I know, does constitute a legal contract, and the seller in question should have set a reserve price if they did not wish to sell under value.

 

[ChiDave]

Does anyone have any experience with this subject? I have been searching all over the internet. I guess there was a case involving an airplane in Australia, but I don't think that that constitutes legal precedent in regards to US courts..

Any ideas?

 

[JT1517]

You could e-mail ebay, but you can't sue someone for refusing to sell you something you won on ebay. If you haven't paid them, move on. There are no damages to sue for, therefore no reason to sue.

 

[ChiDave]

eBay doesn't care. They will encourage him to sell, but really have no authority to compel him to sell.

Damages are not limited to what one is out of pocket. A buyer in some cases has a right to specific performance of the contract, otherwise his/her damages are measured by the difference between the contract price and the amount it would take to get a similar item elsewhere.

Is this not true in the case of an eBay auction?

 

[ChiDave]

If there is no way I can go out and get the same item anywhere else for this price, aren't there damages? Haven't I lost something by the seller not completely the transaction?

 

[Innerlaner]

eBay doesn't care. They will encourage him to sell, but really have no authority to compel him to sell.

Damages are not limited to what one is out of pocket. A buyer in some cases has a right to specific performance of the contract, otherwise his/her damages are measured by the difference between the contract price and the amount it would take to get a similar item elsewhere.

Is this not true in the case of an eBay auction?

It is true that a buyer in some cases has a right to specific performance of the contract ......... with eBay scams out there, you're in the lucky circle if you haven't paid. There are many people who paid and received nothing but insults.

 

[seniorjudge]

If there is no way I can go out and get the same item anywhere else for this price, aren't there damages? Haven't I lost something by the seller not completely the transaction?

You have no damages and thus no case.