• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ebay Breach of Contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

oajs

Junior Member
What is the name of your state (only U.S. law)?
I won an item on ebay, The item had a starting bid of $800.00 and I won at $800.00 since no one else bid on it. After winning the seller contacted me to say that she noticed that I was from Canada, and that she will not ship out there unless I was willing to make arrangements. At first I intended to have it shipped to the US as I have a US shipping address, but since she offered to ship it to Canada, I replied asking for dimensions, weight and shipping info to make arrangements. She did not reply for a while, after 13 day from winning the item, I decided to make a payment including $100.00 for S&H. On the same day, seller placed a complaint for non payment. And as my payment arrived on the same day, the seller returned the payment via paypal with a message saying "I assumed you didn't intend on purchasing these, so I relisted and resold them...Sorry. Next time check on shipping.”

-I never asked the seller to ship it to Canada; I have an US shipping address. She assumed that this was going to be shipped out of US
- She led me to believe that she would ship it out if I made arrangements, If she was not willing to do so, she should have not offered.
- She offered to ship it to Canada, if I was willing to pay the extra fee and I accepted it when I requested shipping related information (Weight and Dimensions)
- She never replied, but placed a non-payment complain - this was unfair as I needed her to provide the requested information to determine how this was going to be shipped and the cost in order to pay.
- She did not follow the correct ebay procedures to collect payment
- She did not follow the correct procedures prior to making an unpaid item complain
- She re-listed the item and sold (so she says), while the item was already won by a bidder and was in the process of being paid.
- If she had re-listed it and sold it as she had made a statement on the 9th June 08, this implies, she had it re-listed and sold the item prior to even making a unpaid item complain.

I believe the seller did not want to give up the item as the seller may have expected more in the range of $1400.00
Any suggestions please.
 


erikill

Member
What is the name of your state (only U.S. law)?
I won an item on ebay, The item had a starting bid of $800.00 and I won at $800.00 since no one else bid on it. After winning the seller contacted me to say that she noticed that I was from Canada, and that she will not ship out there unless I was willing to make arrangements. At first I intended to have it shipped to the US as I have a US shipping address, but since she offered to ship it to Canada, I replied asking for dimensions, weight and shipping info to make arrangements. She did not reply for a while, after 13 day from winning the item, I decided to make a payment including $100.00 for S&H. On the same day, seller placed a complaint for non payment. And as my payment arrived on the same day, the seller returned the payment via paypal with a message saying "I assumed you didn't intend on purchasing these, so I relisted and resold them...Sorry. Next time check on shipping.”

-I never asked the seller to ship it to Canada; I have an US shipping address. She assumed that this was going to be shipped out of US
- She led me to believe that she would ship it out if I made arrangements, If she was not willing to do so, she should have not offered.
- She offered to ship it to Canada, if I was willing to pay the extra fee and I accepted it when I requested shipping related information (Weight and Dimensions)
- She never replied, but placed a non-payment complain - this was unfair as I needed her to provide the requested information to determine how this was going to be shipped and the cost in order to pay.
- She did not follow the correct ebay procedures to collect payment
- She did not follow the correct procedures prior to making an unpaid item complain
- She re-listed the item and sold (so she says), while the item was already won by a bidder and was in the process of being paid.
- If she had re-listed it and sold it as she had made a statement on the 9th June 08, this implies, she had it re-listed and sold the item prior to even making a unpaid item complain.

I believe the seller did not want to give up the item as the seller may have expected more in the range of $1400.00
Any suggestions please.
From my understanding is that a contract is formed when you win an item. What is your shipping address on ur ebay profile? I would contact ebay and open a complaint stating this. Do you have email logs of the conversations? My guess is you will not get the item, but you didn't pay anything and the seller may be removed from ebay. Sorry for the bad news on that.
 

BL

Senior Member
Why would the seller need to calculate shipping ?

What did their Ad stipulate as far as shipping ?

What did the Ad specify as to receiving payment ?

Why did you make this a hassle instead of having it shipped to the US ?

I've bought and sold on Ebay w/o a problem .
 
Last edited:

oajs

Junior Member
Seller did not have to calculate shipping, since seller wanted me to arrange for shipping I requested for shipping related item description.
As for receiving payments, it was pay through paypal. That was all the conditions
I did not want it shipped out of US but the seller offered to if I wanted to arrange for shipping
I also ebay a lot and have had many good dealings, except for this and another one when I received a different item from what I won
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top