Email contract

[Ozob2k]

Email contract - not Ebay - Private individual

What is the name of your state?What is the name of your state? Pennsylvania

I contacted an individual by email, located in MI, who is auctioning an item on a personal website - not ebay - and asked if there was a "buy now" price that would be considered. The individual responded with a dollar amount. I replied, accepting the offer and asked on desired payment methodology. The individual replied, advising on payment and the address to send the payment to. I cut a check and mailed it. Now, several days later, I received an email saying to hold the check as there are other people interested in the item.
I contacted the individual by phone stating that we had a contract and that I expected it to be honored. I was told that it is an auction and it is still in progress.
My question is basically does the above scenario contain an enforceable contract or am I out of luck?
Thanks in advance.

 

[BelizeBreeze]

We don't answer e-bay questions. Stop being so lazy and do a search on this website for your answer.

 

[Ozob2k]

This is NOT an ebay question. This is about a private individual conducting a personal auction on their site trying to get out an offer they accepted.

 

[divgradcurl]

Well, you have offer and accpetance -- an exchange of promises -- so a court may very well agree that you have a binding contract. But even if you do have a binding contract, you would need to travel to the other person's home state to enforce the contract in court. If you are willing to fly off to Michigan -- at your expense -- and sue the person in court, you might have a case. But only you can determine whether or not it is worth it to fly off to MI to pursue this.

 

[Ozob2k]

Thank You

Thank you for your answer. The item is quite valuable to me and I will schedule a consultation with my lawyer.