Ebay sell refuses to complete tranaction

[dhmtw]

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

Hello,

I am the winner of a pair of chairs on an ebay auction. I am an antique store owner, and the chairs were purchased for inventory. The seller had a starting bid of $2500,and I was the only bid. The chairs are worth considerably more (retail value approx. $12000-$14000/auction value of $6000-$8000). The seller was unhappy about the outcome but seemed committed to honoring the purchase.
Feeling somewhat bad for the seller, I offered to purchase a single chair for $1500, and allow him the opprununity to try to resell the second chair, and perhaps make more. This offer seems to have insulted/upset the seller, who now refuses to complete the sale. I wrote him back and asked that we just complete the sale as specified on ebay, but he refuses all calls and emails. The chairs have not yet been paid for.

Do I have a legal claim? Given the value of the chairs, is it cost feasible to persue? Is this appropriate for small claims? He is located in Seattle and I am in NYC. According to Seattle small claims website, cases there must be for monetary compensation only, and not for property disputes. Can I make a NYC small claims action?

Thanks for any advice you can provideWhat is the name of your state (only U.S. law)?

[JustAPal00]

No. All you can do is report them to eBay as a non performing seller.

[dhmtw]

I'm not a litigious person, but I have to look out for my business interests....and am sick of people who use ebay as a game.

On a number of posts here, sellers are told that an ebay sale is a binding contract that can be enforced in court or small claims. Is the reverse not true, or are you saying that it is not valuable enough to be worth the effort? thanks again

[JETX]

Originally Posted by dhmtw

Do I have a legal claim?

Since you have not completed your part of the 'contract' (payment) you have no claim at this time. And that makes all you other questions (lawsuit, court, etc.) moot.

[dhmtw]

Just read this news article about a similar dispute in Australia (except for $100000s, not $1000s). Is American property law that different?

[url=http://www.smh.com.au/news/web/ebay-sale-is-a-sale-says-court/2007/08/03/1185648121130.html]eBay sale is a sale, court rules - web - Technology - smh.com.au[/url]

[JETX]

Originally Posted by dhmtw

Just read this news article about a similar dispute in Australia (except for $100000s, not $1000s). Is American property law that different?

Of course it is. What happens in Australian courts..... stays in Australian courts.

[CameronNewport]

Originally Posted by dhmtw

I'm not a litigious person, but I have to look out for my business interests....and am sick of people who use ebay as a game.

On a number of posts here, sellers are told that an ebay sale is a binding contract that can be enforced in court or small claims. Is the reverse not true, or are you saying that it is not valuable enough to be worth the effort? thanks again

A contract was formed, and yes, you can sue. But you don't have to take a chance of throwing your money away first by paying the seller. In order to win a breach of contract suit, all you have to do is show the court that you're ready and willing to perform your obligation under the contract. You'll need to sue in Washington, however, and it will need to be in a higher court than small claims.

[JETX]

Originally Posted by CameronNewport

A contract was formed, and yes, you can sue.

An attorney, or anyone with REAL legal knowledge or education knows that is pure crap.

A contract might be PENDING... but since NEITHER party has performed their agreed portion of the PENDING contract, a contractual obligation does NOT exist and a court would dismiss any subsequent suit claiming breach

In order to win a breach of contract suit, all you have to do is show the court that you're ready and willing to perform your obligation under the contract.

And of course, that is also crap.

[CameronNewport]

Originally Posted by JETX

An attorney, or anyone with REAL legal knowledge or education knows that is pure crap.

A contract might be PENDING... but since NEITHER party has performed their agreed portion of the PENDING contract, a contractual obligation does NOT exist and a court would dismiss any subsequent suit claiming breach


And of course, that is also crap.

So in your expert legal opinion, a contract is not created until one of the parties performs? You couldn't be more WRONG.

It is also your expert legal opinion that a breach of contract cannot occur unless the non-breaching party has already performed? Again, you couldn't be more WRONG.

You really have no business answering contract law questions. Please stop posting here.

[CameronNewport]

Originally Posted by JETX

An attorney, or anyone with REAL legal knowledge or education knows that is pure crap.

A contract might be PENDING... but since NEITHER party has performed their agreed portion of the PENDING contract, a contractual obligation does NOT exist and a court would dismiss any subsequent suit claiming breach


And of course, that is also crap.

By the way, here's a little Washington case law that says you're expert legal opinion is worthless:

"An anticipatory breach occurs when one of the parties to a bilateral contract either expressly or impliedly repudiates the contract prior to the time for performance." Lovric v. Dunatov, 18 Wash.App. 274, 282, 567 P.2d 678 (1977). Unless justified, repudiation by one party will excuse performance by the injured party. Hemisphere Loggers & Contractors, Inc. v. Everett Plywood Corp., 7 Wash.App. 232, 499 P.2d 85, review denied, 81 Wash.2d 1007 (1972). The injured party is also entitled to restitution or damages. Turner v. Gunderson, 807 P.2d 370, 60 Wn.App. 696 (Wash. App., 1991).

Again, don't ever answer a contract law question.

[JETX]

Originally Posted by CameronNewport

Again, don't ever answer a contract law question.

And of course, you are full of crap.
Go back and watch more Judge Judy.

But what the hell... if the OP follows your absurdity... he can spend the money to file and travel to Seattle, only to hear the judge say "Sorry, but you breached the contract for failing to pay in accordance with the contract... and the seller failed to deliver without payment."

[CameronNewport]

Originally Posted by JETX

And of course, you are full of crap.
Go back and watch more Judge Judy.

But what the hell... if the OP follows your absurdity... he can spend the money to file and travel to Seattle, only to hear the judge say "Sorry, but you breached the contract for failing to pay in accordance with the contract... and the seller failed to deliver without payment."

What about this case law don't you comprehend:

"An anticipatory breach occurs when one of the parties to a bilateral contract either expressly or impliedly repudiates the contract prior to the time for performance." Lovric v. Dunatov, 18 Wash.App. 274, 282, 567 P.2d 678 (1977). Unless justified, repudiation by one party will excuse performance by the injured party. Hemisphere Loggers & Contractors, Inc. v. Everett Plywood Corp., 7 Wash.App. 232, 499 P.2d 85, review denied, 81 Wash.2d 1007 (1972). The injured party is also entitled to restitution or damages. Turner v. Gunderson, 807 P.2d 370, 60 Wn.App. 696 (Wash. App., 1991).

You're just a hack like some of the others. You invent the law while I quote the law. LOL. But please, by all means continue to argue...continue to post your worthless opinion without providing any support...continue to contradict what any first year law student could tell you...and continue to contradict the case law that clearly says you're full of crap.

[TheGeekess]

Originally Posted by CameronNewport

You're just a hack like some of the others. You invent the law while I quote the law. LOL. But please, by all means continue to argue...continue to post your worthless opinion without providing any support...continue to contradict what any first year law student could tell you...and continue to contradict the case law that clearly says you're full of crap.

Cameron, if you're such a hot-shot , why don't you get the admins to check your credentials and let us all know about it?? Oh, yeah, you don't have any credentials for anyone to check. You pick and choose. You can't read for context. You are a troll.

[CameronNewport]

zz zzzz zzz zz

*yawn*