A good one

[Tek2008]

What is the name of your state? Massachusetts

I had an item recently sell on ebay. The buyer has not yet paid me. I had made an honest mistake when I listed the item, and I contacted the buyer immediately when it had sold. I cannot sell the item for what it went for because it went for alot of money under for what it is valued for, and i am selling the item for a friend.

Now the buyer is threatening me that he is going to sue me. He lives in another state. With the posts that I have read in your forums, it sounds like that the buyer cannot sue me in another state unless he comes here himself to do it. Also, I have read in other forums that the buyers have already paid for the item, which in this case, the buyer has not yet paid for the item.

Please let me know where I stand on this issue

Thank you

 

[seniorjudge]

Q: Please let me know where I stand on this issue


A: Now the buyer is threatening me that he is going to sue me. He lives in another state. With the posts that I have read in your forums, it sounds like that the buyer cannot sue me in another state unless he comes here himself to do it. Also, I have read in other forums that the buyers have already paid for the item, which in this case, the buyer has not yet paid for the item.

 

[Tek2008]

So....

What's your answer?

 

[Zigner]

What's your answer?

A: Now the buyer is threatening me that he is going to sue me. He lives in another state. With the posts that I have read in your forums, it sounds like that the buyer cannot sue me in another state unless he comes here himself to do it. Also, I have read in other forums that the buyers have already paid for the item, which in this case, the buyer has not yet paid for the item.

You asked where you stood - that is where you stand. You are a non-performing seller with the threat of a lawsuit on his hands.

 

[Hot Topic]

You made a commitment to sell the item for the highest bid. See that the winner gets it, and make up the difference to your friend out of your own pocket.

 

[quincy]

It is possible for the buyer to sue you in his state if he can show his state has jurisdiction over the matter. With Internet sales, a Plaintiff in a case needs to show that there has been sufficient minimum contact with his state in order for it to have jurisdiction. If he brings suit in his state, he can have a sheriff in your county serve you. You can fight the jurisdiction, saying that Massachusetts has jurisdiction, however, and if you win he would have to sue you in Massachusetts. You may or may not win.

I think Hot Topic has a good solution and it should resolve the situation nicely. Otherwise, be prepared to contact an attorney if the buyer decides to sue (I doubt that he will).