Ebay Sale

[Remote]

Car Sale - Slander?

Recently an ebay sale was made for a car and the auction ended. The dealer said he sold the car to another bidder. It turns out that he didnt and the car is on the lot and didnt want to be undercut because the winning bid was 10K below invoice.

Anyways that isnt my question, just the situation. Since then this has been blasted on the internet, spreading like a wildfire and bringing bad reputation to the dealship that was selling the car.
http://forums.nasioc.com/forums/showthread.php?s=&threadid=442510&perpage=25&pagenumber=1

Now the winning bidder wants to file a lawsuit.

my question is, since he started going o nforums creating bad rep for this company, has he broken a law that would damage his case? Also, is the forum host liable of slander?

Thanks!

PS the state is AZ

 

[I AM ALWAYS LIABLE]

My response:

The attorney contributors no longer respond to E-Bay posts, or anything having to do with Internet purchases.

IAAL

 

[Remote]

My response:

The attorney contributors no longer respond to E-Bay posts, or anything having to do with Internet purchases.

IAAL

Well maybe my title isnt correct. I dont want to know about ebay, just wether that thread i linked to could be considered slander since over a million ppl have read it and just trashed the dealership

 

[knotcops]

Well maybe my title isnt correct. I dont want to know about ebay, just wether that thread i linked to could be considered slander since over a million ppl have read it and just trashed the dealership

It would be considered libel, not slander. After reading the post, your friend does not appear to have made any libelous remarks.

Some of the other responses however, may have.

One note about Ebay. Look at the feedback rating before bidding.

 

[Remote]

It would be considered libel, not slander. After reading the post, your friend does not appear to have made any libelous remarks.

Some of the other responses however, may have.

One note about Ebay. Look at the feedback rating before bidding.

Thank you for the response, but just a followup question. Is the board liable even though they state in the agreement they are not responsible or support opinions of others? Who is responsible and what is the possible implications of their "libelous" remarks

Thank you

 

[JETX]

"my question is, since he started going o nforums creating bad rep for this company, has he broken a law that would damage his case?"
*** Assuming that all the facts that he stated are true, then there is no defamation or cause of action.

"Also, is the forum host liable of slander?"
*** Same answer as above.

And if 'MarkD' was here, the only real issue is how serious is he about this?? If he has lots of money to throw at it, he could purchase another identical vehicle, then sue the non-seller for breach of contract and if he wins, he could recover his damages (the cost difference between the value of the breached contract and his cost of replacing with like kind).

 

[Remote]

"my question is, since he started going o nforums creating bad rep for this company, has he broken a law that would damage his case?"
*** Assuming that all the facts that he stated are true, then there is no defamation or cause of action.

"Also, is the forum host liable of slander?"
*** Same answer as above.

And if 'MarkD' was here, the only real issue is how serious is he about this?? If he has lots of money to throw at it, he could purchase another identical vehicle, then sue the non-seller for breach of contract and if he wins, he could recover his damages (the cost difference between the value of the breached contract and his cost of replacing with like kind).

The buyer is not seeking another vehicle, he wants that car to be sold to him at the agreed price.

 

[I AM ALWAYS LIABLE]

The buyer is not seeking another vehicle, he wants that car to be sold to him at the agreed price.

=====================================

My response:

And, there you have it. I rest my case. I KNEW that this thread was going to turn into another E-Bay purchase and sale problem. You see, this problem, and problems like it, have "jurisdictional" problems due to interstate transactions.

IAAL

 

[Remote]

Okay, serisouly, I appriciate your help in this matter but you are really going out of your way to be rude to me. Yes ebay is a part of this. however I am not asking for legal advice regarding ebay.

I am asking about slander involving message board about a car. There is no association in my question to ebay. the previous poster answered my question and I was INFORMING him that he didnt want another car. that is all.

If your response is that, just dont respond please.

Thanks

 

[JETX]

"The buyer is not seeking another vehicle, he wants that car to be sold to him at the agreed price."
*** Then what he would be claiming is a breach of contract and for 'specific performance' (being to complete the contracted obligation). And since this breach is several months old (April 2003) it is very likely that the seller no longer has this vehicle..... and therefore would not be able to comply with the request. His only hope for compensation would be as noted in my earlier post.

 

[Crazyhorse]

If this is the Mitsu EVO... I had this discussion today with my contracts professor.

No on specific performance.
Yes on damages.