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Ebay listing mistake

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drusk

Junior Member
What is the name of your state? NJ

I recently listed a wheelchair on ebay and realized after the auction ended that my reserve price of $1000 did not take for some reason. The winning bid was for $100. I contacted the winning bidder to advise that a mistake had occurred and I couldn't honor the bid. He is now claiming this was a binding contract and is filing a civil suit against me. Is a winning bid truly contractually binding and does he have a chance of winning this civil suit? What could be my possible exposure? Would I be responsible for all his expenses incurred to file this suit? Thanks
 


JETX

Senior Member
Is a winning bid truly contractually binding
Simple answer....yes.

and does he have a chance of winning this civil suit?
Based solely on the information in your post, absolutely.

What could be my possible exposure?
Your 'exposure' could be the value difference between what the buyer actually had to pay to get the comparable item.... and what he paid you.
One thing... did you actually accept the $100 payment??

Would I be responsible for all his expenses incurred to file this suit?
Depends on exactly what the 'expenses' are... but yes, you could be liable for his legal expenses and costs of court.
 

drusk

Junior Member
Ebay listing

No, I never accepted his money. In fact I contacted him right after he won the auction to tell him a mistake had occurred and I couldn't honor the auction as listed. Thanks for the feedback
 

Shay-Pari'e

Senior Member
Tell him you had it boxed and ready to ship then your wife ran over it with the car. You dont want to send them defective merchandise so you would be willing to forgo the transaction. Works every time!:D

This is a legal site, therefore your post is as stupid as you are.
 

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