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EBAY seller refuses to sell

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iammadathim

Junior Member
What is the name of your state? MN

I bid on something with no reserve and won. For some reason the auction did not get another bid (I don't think the seller listed it very well) so I got it for a very good price, and I would have paid more for it. The seller is now refusing to sell to me and claims that I did not meet her reserve (there was no reserve).

Questions:

Can I sue for breach of contract?
What can I sue for? The item I won?
Where do I sue him or her?
Can I sue for all of the expense of suing?

Thanx
 


BoredAtty

Member
Questions:

Can I sue for breach of contract? Yes.

What can I sue for? The item I won? Probably not, unless it's a rare and unique item. If you win, you'll most likely be entitled to the difference in price between what the item costs you elsewhere, and the winning bid.

Where do I sue him or her? In the seller's state and county.

Can I sue for all of the expense of suing? Just for court costs itself. You can't sue for travel, time, etc.
 

SnowCajun

Member
I bid on something with no reserve and won. For some reason the auction did not get another bid (I don't think the seller listed it very well) so I got it for a very good price, and I would have paid more for it. The seller is now refusing to sell to me and claims that I did not meet her reserve (there was no reserve).
I've been an eBay member since January of 1997, and as best as I remember when listing your items there's something there about your listing being a legal contract to fulfill the transaction. Personally I'd contact eBay and tell them this person didn't complete their contract to give you the item you won, that they backed out after you'd already won the auction and the auction had ended.

Are you absolutely positive there's not a "reserve price" under the starting bid amount? Since you didn't list the auction number it's hard to tell, and I understand your reasons since you bid already and it would show your eBay name. Never the less double check that to be sure, I know I've missed things before also, not saying that you have, but it's odd she'd say that if it's obvious it's not there. eBay would know and I'd start there with complaints.

Questions:
Can I sue for breach of contract?
What can I sue for? The item I won?
Where do I sue him or her?
Can I sue for all of the expense of suing?
Yes you can sue for breach of contract, eBay states that by listing your item they've entered a contract to sell the item to the winning bidder. You can sue for the value of the item they refused to give you for winning the bid, I would imagine the replacement value for another one since they backed out on giving you what you won. If the item is under your the small claim courts limit then you can sue in your state I think, double check with your local small claims court, I'm not sure if you have to sue in their state or not. My understanding is that you can only sue for court costs, not for lost wages going to court or inconveniences, but again, check your local laws.

Good luck,
SnowCajun
 

racer72

Senior Member
If the item is under your the small claim courts limit then you can sue in your state I think, double check with your local small claims court, I'm not sure if you have to sue in their state or not.
You thought wrong. Jurisdiction for all lawsuits is the same, it does not change because the case would be in small claims court. A few states have "long arm" statutes that allow courts in those states to hear cases even if the state does not have jurisdiction, Minnesota is not one of those states.
 

BoredAtty

Member
A few states have "long arm" statutes that allow courts in those states to hear cases even if the state does not have jurisdiction, Minnesota is not one of those states.
A long arm statute grants jurisdiction. It is not accurate to say that a long arm statute allows a court to hear a case when no jurisdiction exists.

Also, Minnesota's long arm statute is as far reaching as the US Constitution allows.
 

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