Sold car on E-bay, winner won't pay, is there any recourse?

[JimTJr]

What is the name of your state (only U.S. law)? PA

I sold a car on E-bay for 17,000.00. The winner for no reason other than he didn't think the car was worth what he bid. Can I sue for breaking a legal binding contract? What would I sue for? Would it be worth getting legal counsil? Could I also sue for attorney fees if I decided to sue? Buyer does have money so that is not the issue. This wasted about 2 weeks of my time, and cost me another buyer that offered 16,500.00. Thank You for your answers.

 

[swalsh411]

You would have to sell the car and then sue him for the difference between 17k and whatever you ended up selling the car for.

 

[FlyingRon]

You can sue, but you won't win. Even on a regular ebay auction, it's a tough haul to force performance or collect damages on failure to complete a sale. On ebayMotors vehicle sales it's not even intended to be binding (and believe me there are way more SELLERS that take advantage of this than buyers).

 

[Mass_Shyster]

Although eBay claims the bid is binding, I have not found any court that agrees that an eBay sale, standing alone, is a contract. In almost every case I found that involves a dispute about an eBay sale, the dispute arises after the item has been paid for or at least a deposit was made.

The one case I found that involved a request for specific performance, the court found there was no contract because there was no meeting of the minds. HOME POKER UNLIMITED, INC. v. GRANT COOPER AND COOPER DESIGN AND CONCEPTS, INC No. 09-CV-460-BR .United States District Court, D. Oregon.[/B]

http://scholar.google.com/scholar_case?case=2638405131255016355&q=Home+Poker+Unlimited,+Inc.+v.+Cooper&hl=en&as_sdt=40000002


In any event, you would need to show your damages, so as swalsh411 wrote, sell the car and sue for the difference. All it will cost you is the filing fee. Hopefully, the buyer is also from PA, otherwise you may have to sue in the buyer's state.

 

[Mass_Shyster]

You can sue, but you won't win. Even on a regular ebay auction, it's a tough haul to force performance or collect damages on failure to complete a sale. On ebayMotors vehicle sales it's not even intended to be binding (and believe me there are way more SELLERS that take advantage of this than buyers).

That explains the lack of caselaw, doesn't it?

From http://pages.ebay.com/help/policies/non-binding-bid.html

Certain eBay listings involve non-binding bids, such as items listed in Real Estate and eBay Motors.

I didn't know that about eBay Motors.

 

[WaltinPA]

Looks like the only TRUE recourse is to leave negative feedback on this buyer who walked away, not that that will resolve the instant issue, that the vehicle that was thought to be sold isn't.

 

[racer72]

Looks like the only TRUE recourse is to leave negative feedback on this buyer who walked away, not that that will resolve the instant issue, that the vehicle that was thought to be sold isn't.

Not any more. The option to leave negative feedback by sellers went away a few years ago. The only real recourse for the OP is to file a non paying bidder dispute and when the buyer does not respond, the seller gets his seller's fees refunded and he can relist the vehicle at no cost.

 

[FlyingRon]

Although eBay claims the bid is binding

Ebay makes NO SUCH CLAIM for vehicle sales.

The one case I found that involved a request for specific performance, the court found there was no contract because there was no meeting of the minds. HOME POKER UNLIMITED, INC. v. GRANT COOPER AND COOPER DESIGN AND CONCEPTS, INC No. 09-CV-460-BR .United States District Court, D. Oregon.[/B]

Huh, what case are you reading? That case has nothing to do with ebay. It has to do with a contract breach and the decision says nothing at all about specific performance but addresses motions with regard to jurisdiction and venue.

 

[Zigner]

Although eBay claims the bid is binding...

eBay SPECIFICALLY lists auto sales as an example of a non-binding transaction.

 

[Mass_Shyster]

Ebay makes NO SUCH CLAIM for vehicle sales.

Yup. I realized that after I read your post. However if you go to help about bids from ebaymotors.com, it states the bid is binding. I quoted the part where they state ebay motor bids are not binding.

Huh, what case are you reading? That case has nothing to do with ebay. It has to do with a contract breach and the decision says nothing at all about specific performance but addresses motions with regard to jurisdiction and venue.

I have no idea what case I was reading. Obviously, it was not the one I cited. I found the case on Westlaw and tried to post the google scholar version. It looks like I screwed that one up. I'll go back and see if I can find what I was looking at.

 

[Mass_Shyster]

eBay SPECIFICALLY lists auto sales as an example of a non-binding transaction.

I agree with you.

 

[Zigner]

I agree with you.

Thank you - our debts are square now

 

[justalayman]

I wonder why all the hubbub about the '10 Dodge Challenger and another car (I thing it was a Hyundai) where the dealer, at least initially, refused to honor the auction price. Apparently there are others as well.

All the dealer had to say was "the auction was not binding" but they didn't. They come up with a thousand other excuses as to why they do not have to abide by the agreement but I have yet to find one that made the simple claim: it is not a binding agreement.

I would suggest that regardless what eBay puts on their website, they do not have the authority to rule an auction to be binding or not, as far as being able to be enforced outside of eBay. They are not a party to the sale nor do they take the part as an actual auctioneer. When was the last time you heard of eBay suing a buyer that refused to consummate an auction agreement? Maybe because they do not have the standing to do so? They simply state the agreement is between the buyer and the seller and eBay is not a party to that agreement.

At most, eBay can apply what ever punitive actions they list for a failure to abide by their site rules. The cannot seek the courts assistance to require performance because they simply do not have the standing to do so.

As such, I would suggest that if the agreement meets the requirements of a contract per the applicable states laws, it can in fact be enforced as a contract where either party could seek specific performance if that is a possible remedy. Ebay simply does not have the authority to rule a contract (auction) binding or not.

 

[Mass_Shyster]

I have yet to find one that made the simple claim: it is not a binding agreement.

It's possible that the wording of the listing made it a binding agreement. (similar to Lefkowitz v. Great Minneapolis Surplus Store)

 

[justalayman]

It's possible that the wording of the listing made it a binding agreement. (similar to Lefkowitz v. Great Minneapolis Surplus Store)

that is my point. It may have been a binding agreement regardless what eBays policies are.