Ebay Car Seller wont sell

[UniqSS]

I was the high bidder on an auction with no reserve. The individual would not email me. I by chance did a search using the extension on the email and located the person who put the item up for bid. This person was an agent for another person (violating ebay user agreements) which gave me the number of the car owner. The owner said he was not going to let the car go for under $15,000(which the car is roughly worth). I won the car for $5400, which was good oppurtunity to either keep it or sell in the future at a profit. He could have ended the auction early or could have put the car up as a reserve. Then he calls me back, using caller id. Tells me the car is not in his name, he was only "seeing the response it would get" and claimed that "A lawyer friend" he talked to told him he didnt have to sell. Basically telling me that I couldnt do anyhthing about it and "do what i had to do". On Ebay all the seller regulations are very clear, which he chose not to follow. I want to know what I can do. I was planning on small claims court suing both the person listing the item and the believed owner. Can I do this? Is small claims court an ideal place? How much can i sue for?

 

[JETX]

"I was planning on small claims court suing
both the person listing the item and the believed owner. Can I do this? Is small claims court an ideal place? How much can i sue for?"

Most small claims courts are money only courts. This means you can't use that court to force the seller to comply with his contractual obligation of selling the car as agreed. You could only collect the actual money damages. Your next problem is that your claim must be within the money limit of the court as set by your state.

Some random comments:
1) What did ebay say about the breach of contract by their seller??
2) If you decide to sue, you will have to do it in the sellers jurisdiction.

 

[UniqSS]

5.2 Binding Bids(according to the user agreement)- Except for items listed in a category under the Non-binding Bid Policy (which i believe is for real estate) if you receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with the highest bidder upon the auction's completion. On the "How to Sell " page it states in BOLD type "Remember, an eBay auction is a legal commitment to sell your item to the highest bidder. If you receive at least one bid at or above your stated minimum price(or in the case of reserve auctions,at or above the reserve price), you are obligated to complete the transaction. A failure to do so is a breach of the User Agreement and may be legally actionable by one or more of the bidders. You have the right to cancel a transaction only under exceptional circumstances" Examples given: buyer fails to meet the terms of your listing (such as payment method) or (b) you cannot authenticate the buyer's identity. I have an exporter who had already quoted me a buying price. I could sue in his district with no problems since im in the vicinity to where the seller lives. COuld i sue for the difference of what i purchased the car for and what I could have earned?

 

[JETX]

You can sue for your damages, plus possible other costs (attorney, costs, etc.) as allowed by your state.

In this case, if you have a willing buyer for the item that was not delivered due to the breach, your damages are the difference between your cost (purchase price) and your sales price.

One other thing.... I normally wouldn't have answered your post since you haven't followed the rules on the forum. See the RED text at the top of the screen????