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Ebay: seller cancelled after successfully bid

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jpsc

Junior Member
What is the name of your state (only U.S. law)? CA

I bid and won on a unique item. this item has a unique serial id - so no two device has the same serial id. The seller on ebay post the run diagnostic which show this serial id, along with the unique device stats in bid.

After I paid -12hrs later, I got an email from paypal saying the seller has refunded my money, and a message from the seller saying that he broke the device. 8hrs later, I notice that the same seller, now post the same device but with higher price on ebay. Yes, with the same serial ID - the wording, picture has minor change, and it unique device statistic
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

I bid and won on a unique item. this item has a unique serial id - so no two device has the same serial id. The seller on ebay post the run diagnostic which show this serial id, along with the unique device stats in bid.

After I paid -12hrs later, I got an email from paypal saying the seller has refunded my money, and a message from the seller saying that he broke the device. 8hrs later, I notice that the same seller, now post the same device but with higher price on ebay. Yes, with the same serial ID - the wording, picture has minor change, and it unique device statistic
Sorry to hear that. Have a nice day.
 

justalayman

Senior Member
Maybe he fixed it after it was broke? That will be his argument.

Irrelevant. He sold it to the OP. The OP would have the right to rescind the contract based on the fact it is no longer as represented but the seller does not have that option. I am not familiar with eBay policies but from what I understand, their terms of service state that when a sale is agreed upon, it becomes a contract (except for vehicles and real estate). As such, OP would have the right to sue the seller for specific performance of the contract. If he chooses to do so, he needs to get on the ball so he can seek an injunction to halt the second sale before it is consummated. Once that happens he is going to have a no value suit.
 

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