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Internet Auction Purchase

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V

vmann

Guest
I live in Texas and bought an item (1931 Ford hot rod chassis)from an auction on Ebay. I paid the seller (he's located in Kansas) immediately following the auction in July. Due to the distance involved, size of the item, and a few physical problems on my part, I've taken a long time to pick up the item. I paid $710 for the chassis, which is a really good deal. A replacement would cost around $5K. I let the seller know that I underwent surgery this summer (after the auction) and couldn't drive until I was recovered. He stated in an email that he would hold the chassis until I could come to pick it up. On Oct 21, he sent an email and wanted to know my plans to pick it up because he would like to get it out of there. I replied on Oct 26 and said it would be picked up within 2 weeks. He eventually replied and said he got tired of waiting, sold it to someone else and wants to refund my money. I don't want a refund because the chassis was worth substantially more than I paid for it. I told him this, but he refuses to pay more and won't get the chassis back. I don't think he could legally sell it because I'd already paid him for it and he never contacted me for my permission. What can I do?
 


ALawyer

Senior Member
You are lucky that you have an honest but impatient seller. Ignoring the legalities -- and sometimes it makes sense to do so -- I'd suggest that take the money and forget it. Your delay in picking it up, regardless of the personal excuse was unreasonable, unless he was charging you storage. Suing him won't get you where you want to go.
 

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