Are ebay "Buy it Now" sellers legally obligated to complete the transaction?

[GeeQ]

Are ebay "Buy it Now" sellers legally obligated to complete the transaction?

What is the name of your state? Hawaii

I went on ebay last night to check the prices of the PLAYSTATION 3 system, as I had heard one had gone for over $30,000.00. Out of curiosity,I clicked to see the lowest Buy it Now price, and was shocked and amazed to see one at $0.99. Assuming it was one of those fake auctions, where you are bidding on... a receipt, or an email address, or an eBook, I read over the auction over and over.

The auction states:

You are bidding on ,

* Brand New SONY Playstation 3 (PS3) 60 GB Premium System Console New In Box !!



* Free 2 year WARRANTY - *worth $100

WARRANTY DETAIL@ www.bestbuy.com/replacementplan

phone # @ 1-888-539-6883

(covers even the system defects)



* 2 Free Games of Your Choice - Choose 2 games from the Link Below (All the games available on the market )

http://www.gamespot.com/games.html?type=games&platform=1028&tag=subnav;all
* I have Resistance - Fall of Man - , NBA 2K7 , Tony Hawk's Project 8 on hand

* 1 Extra Controller (You will Receive 2)
* 1 Blue-Ray Movie : Talladega Nights - Ballads of Ricky Robbin
* Free Shipping from Boston



I Waited In the line of BestBuy in Boston. I waited there from Tuesday 14th, November 2006.

I was the longest person to be waiting there (40 hrs)



100% FEEDBACK (the last feedback received on 20th Nov, 2006)



You can get the 2-year warranty ONLY when the time of purchase.



BID SAFELY with CONFIDENCE !

GOOD LUCK and,,

have a GREAT NEW YEAR with your Playstaion 3 !!!!

It also states the seller "assumes full responsibility for the content of this listing and the item offered."

As of this morning, the Seller has sent me an invoice for $0.99 and of course, free shipping. I paid through paypal and the transaction is already listed as completed.

Is the seller legally obligated to send me this item as listed now?

He emailed me

Dear Geeqnastie

Hellow.

This is Kusakay.

I had put the PS3 up last night around 11:30 PM

I tried to start a regular auction but somehow, I had put them up as BUY IT NOW.

I know it can never be justified, but I really did not mean to sell it with $0.99, and I can not release my PS3 with $0.99.

I will leave you the best feedback, and please , please understand my circumstances.

I am so sorry to waste your time to check out my item, and bid on it.

Thank you very much.

I know how much this item is actually worth. I know $0.99 is no where near the actual value. However, ignoring what the item IS, and the price difference, and just looking at the facts, Does he legally have to send me the items?

He offered a buy it now price for which he wanted to sell the item. I accepted the responsibility of paying that amount. We are both in a legal contract now correct?

If he DOES try to get out of it, what are my legal options?

He is in Boston, MA, would I need to fly there for court? Could I also then sue him for airfare, legal fees, etc.?

 

[tigger22472]

You would not get anywhere in suing. You openly admit that it must have been a mistake and even if you did not then a 'reasonable' person would know this was not the seller's intention. What people do not understand about contract law is even when there is a binding contract the seller is not always automatically obligated to fullfill that "obligation." They are however, obligated to return you to the status in which you were prior to the contract, in this case returning any money spent. Your costs to sue for that remaining amount will wholly outweigh the gain. If you wanted you could report them as a non-performing seller to e-bay and enough of those will get him/her suspended but that's about it.

 

[GeeQ]

When I MADE the purchase, I knew it was a great deal, but at the time I was thinking, at least in part, MAYBE this person is just being very generous. Seeing as how one of the pictures on the page showed a total of 4 PS3's.

 

[tigger22472]

When I MADE the purchase, I knew it was a great deal, but at the time I was thinking, at least in part, MAYBE this person is just being very generous. Seeing as how one of the pictures on the page showed a total of 4 PS3's.

Regardless, no judge is going to believe that the seller purposely meant to sell it for .99 and it would be unreasonable to think so. Once you have your money back your damages have been mitigated and that's all the seller would be required to do.

 

[You Are Guilty]

You would not get anywhere in suing. You openly admit that it must have been a mistake and even if you did not then a 'reasonable' person would know this was not the seller's intention. What people do not understand about contract law is even when there is a binding contract the seller is not always automatically obligated to fullfill that "obligation." They are however, obligated to return you to the status in which you were prior to the contract, in this case returning any money spent. Your costs to sue for that remaining amount will wholly outweigh the gain. If you wanted you could report them as a non-performing seller to e-bay and enough of those will get him/her suspended but that's about it.

I think a better way to phrase this is to say that in order for there to be a binding contract, there must be a "meeting of the minds" of the contracting parties. That is, both parties have to intend on entering into the contract.

It's pretty clear that wasn't the case here. Time to move on.