Consumer Law, Warranties Ebay selling and buying contract

[LIGENFELTER]

Are ebay contracts legally binding? I placed a bid on a very expensive item and won. The seller now refuses to sell the item to me. I know what to do as far as ebay is concerned, but I want to know if the seller can legally be forced to sell the item to me. If so, and the seller still refuses to sell, what recourse do I have, if any?

I took the following language from ebays site:

Seller Non-Performance

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:

1) Fail to deliver an item for which payment was accepted.

2) Significantly misrepresent an item by not meeting the terms and item description outlined in the listing.

3) Refuse to accept payment for an item at the end of a successful sale.

4) Refuse to accept a buyer's PayPal payment using a credit card if the seller included the PayPal logo in the listing which signifies the seller will accept PayPal payments. Sellers are not permitted to state in their listings that PayPal payments made via credit card will not be accepted.

 

[wog28277]

I am also in a similar circumstance with Ebay and a seller, although mine has a small twist. I have won a high ticket item and with Paypal paid the full amount (example would be $3000). Seller accepted Paypal payment and then three days later refunded $2500 saying there was a problem with her Paypal account and that I needed to repay the $2500 using other means. I contacted her and said I did not feel comfortable sending outside of Ebay full amount, so in an email we both agreed for me to pay $1000 first, then seller ships item, then I pay final amount. Seller in a future email says item will ship the next day. 30 days later seller claims that I have not paid her aand won't ship the item although she acknowledges in email that she received the additional $1000. My question is, does an email constitute a valid change in contract and overide the orginal price/shipping terms if both parties agree? If she would not have originally accepted Paypal I would not have even bid on this item.

 

[LIGENFELTER]

Additional question:

I've been told I can take the seller to civil court. Assuming seller no longer has the item I won, what can I expect to to get out of a civil suit?

 

[wog28277]

Did you pay for your item yet or is the seller just not selling now? If you haven't paid, then I would report them to Ebay as a Non-selling seller and then walk away. In my case the seller has my money and agreed to new terms via email and is now saying different. I am learning so much about the bad stuff with Ebay in the last thirty days and honestly will have a hard time doing business there again.

 

[LIGENFELTER]

Did you pay for your item yet or is the seller just not selling now? If you haven't paid, then I would report them to Ebay as a Non-selling seller and then walk away. In my case the seller has my money and agreed to new terms via email and is now saying different. I am learning so much about the bad stuff with Ebay in the last thirty days and honestly will have a hard time doing business there again.

This is a one of a kind item. Sale price $14,211. I don't want to walk away from the deal. It's worth far more than my winning bid, and I want the item. The problem appears to be a case of seller's remorse. I actually can't pay for the item without further instruction from the seller. He refuses to take payment for it, assuming (wrongfully I hope) that if he doesn't take my money, it isn't actually sold. According to ebay (as stated in my origional post) we have a valid contract. An offer and acceptance if you will, in writing and in full view for all to see. My question remains; Is it legally binding in the real world, and what recourse do I have?

 

[wog28277]

In my case the seller is in California. I have researched the Small Claims Court and I know who and where the seller is, but I think I am going to have difficulty collecting my money back. Since yours is a much higher dollar amount and valued even more, seems like you would be able to get some decent advice from a lawyer as it does sound like the seller is in breach of contract. The flipside is...be very cautious with your money as it sounds like this deal is going bad.

 

[LIGENFELTER]

Well, I suppose this is a dead forum as far as getting professional advice. Can anyone point me to another law forum where I might get a response? Would be most appreciative.