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Bought a "buy it now" car on line, but dealer refused to deliver

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doug thanks u

Junior Member
What is the name of your state? IL Hi. Thank you in advance for any help you can offer. I truly appreciate it. I bought a 2000 Ferarri 360 Modena on line Memorial Day weekend (maybe 10 months ago). It was an on line auction with a buy it now price of $13,000.000 from a Salt Lake City, Utah car dealer. I completed the transaction on line by ending the auction, paying the buy it now price of $13,000.000 I confirmed my bid and won the item. I attempted on line final payment , but the car required shipping to be arranged through the dealer. They were closed until Monday (bought it Friday night late, midnight) when I spoke to the manager, then owner of the dealership. He refused to sell me the car, stating a third party he employs listed the price incorrectly. I advised him I had read the site's But it Now policy, and that he was obligated to sell me the car for the price of $13,000.00 He said the car should have been listed for $130,000.00 I advised him not to attempt to re-sell my car without my authorization and asked for the owner's information. I spoke with him about my purchase. He seemed to understand my request, but said he agreed with the dealership to list it at $130,000.00.
Okay, so I screwed up waiting 10 months. I know that part. Is there anything I CAN do at this point? No offense, but I'm not litigious by nature.
 
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Zigner

Senior Member, Non-Attorney
You never had a contract...in fact, you never even paid anything, right?
OLX is NOT an auction site (ala eBay), rather, it's an online classified ad service (ala Craigslist)
 

SnowCajun

Member
You never had a contract...in fact, you never even paid anything, right?
OLX is NOT an auction site (ala eBay), rather, it's an online classified ad service (ala Craigslist)
The seller initiated what eBay calls a legal and binding contract by listing the item for auction. The bidder completed the contract by winning the bid and trying to pay, yet the seller reneged on his contract to sell by deciding after the auction had run that he no longer wanted to sell at that price. This is in violation with eBay's contract agreed upon by the seller before ever listing the item for sale. I think the bidder has been wronged and should sue for his item he won per agreement by the seller when he listed the item for auction. By not fulfilling or completing the auction he broke the contract!

I know, I'm not an attorney, but this what I believe to be correct here. The buyer tried to pay for the item he won, it was the seller who stopped him by reneging on his promise via his eBay contract to sell and deliver what he listed on auction, so he tried to fulfill his side of the contract only to be stopped by the seller refusing by reneging on the sale via failure to provide the shipping charges as stated in the auction. The seller agreed to this contract when he listed the item. A contract is a contract is it not?? The bidder in my opinion should sue the seller as I see it.
 

SnowCajun

Member
You are wrong - your entire post is wrong.
Our OP wasn't USING eBay - he was using a service at olx.com
Yep you're right, I didn't see he'd added that at the bottom.. using the "Buy it Now" option and saying online auction made it appear to be eBay .. my bad.. sorry!
 

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