Breach of Internet contract

[leeni8]

I live in Ohio. I recently tried to purchase something off of E-bay and was out-bid. Several days later I was contacted by the seller and offered another of the same product. We had lengthy e-mail conversations regarding the product, method of delivery, price, etc. I have saved all correspondence and I believe these constitute a binding contract. I mailed the seller a check, which was then cashed. It has now been six weeks and still no product. I have sent several e-mail messages and mailed one formal notice to the seller, but again, no response. The seller lives in Michigan.

Any suggetions? I simply want my money back.

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Thanks for all advice!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by leeni8:
I live in Ohio. I recently tried to purchase something off of E-bay and was out-bid. Several days later I was contacted by the seller and offered another of the same product. We had lengthy e-mail conversations regarding the product, method of delivery, price, etc. I have saved all correspondence and I believe these constitute a binding contract. I mailed the seller a check, which was then cashed. It has now been six weeks and still no product. I have sent several e-mail messages and mailed one formal notice to the seller, but again, no response. The seller lives in Michigan.

Any suggetions? I simply want my money back.

<HR></BLOCKQUOTE>

My response:

This is a good "lesson" for this writer, and for the rest of us. The lesson is to never use your computer for purchases. Once you have a problem with a computer purchase that crosses State lines, the question becomes one of enforcement and expense to do so, and many other legal ramifications, procedures, and laws between the two States involved.

Most, if not all, products and services are locally available.

IAAL



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[leeni8]

Thanks for the reply, IAAL. But just as a general question, aren't Internet transactions just as legally binding as say, mail order purchases?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by leeni8:
Thanks for the reply, IAAL. But just as a general question, aren't Internet transactions just as legally binding as say, mail order purchases? <HR></BLOCKQUOTE>

My response:

Not yet, they're not. E-commerce laws are still evolving. For example, an e-signature is STILL NOT legally recognized like a pen-written signature. But, even with mail order, you're still at the beck and call of the honesty of the merchant. I mean, if you bought slacks from a merchant in Georgia, and you live in California, do you really think you're going to waste your time and money to go after an unscrupulous merchant?

Buy locally.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited October 06, 2000).]