EBay Seller Not Honoring Contract

[Stevef]

Originally Posted by justalayman

how about a germane case. Posting cases such as roe v wade and brown v board of education was, at best, a flippant answer and at worst, a show of ignorance of the intent of your own question.

Actually, it was meant to show the ignorance of the wording of the question posed .

while I am not going to take the time to even attempt to research a case where eBay was used as the determination of value,

I searched pretty well, and could only find the one case quoted above (Zerbo)

as an intelligent person and if you claim to understand the legal system at all, you will understand that a method of determining value from a market, such as eBay, does provide a reasonable determination of true market value of merchandise.

Disputes of value are litigated every day. One side says the value is X and the other side says the value is Y. The finder of fact, based on the evidence presented, will determine the actual value.

Since the OP has only provided two sources, I suspect OP would sue for $1400, and seller would argue the value was $70.

We know one source is eBay. That source is suspect because the sale was not completed.

We don't know anything about the other source other than the fact that it exists. I don't discount racer72's statement that the value guide may be overstated in an effort to increase sales of the guide.

An analogy can be made to the Kelly Blue Book value of a car. I don't know anyone who really believes that KBB is the actual cash value, but when going into court, it is better to argue KBB value than randomly picking a number and presenting your value using nothing but your own self-serving testimony.

I suspect the court would place the value somewhere between $70 and $1400, but not precisely on either number.

ETA: Looking at completed sales on eBay would probably provide the strongest evidence of value.