What is the name of your state (only U.S. law)? TX
A seller had an item posted on Ebay and I ended up submitting a 'Best Offer' and a message explaining why I thought it was a reasonable offer - long story short, the item [referred to as device/hardware throughout] requires an annual subscription to function and the seller was selling the item only at almost full retail cost. After exchanging a couple of messages, he agreed to sell, so I submitted a Best Offer which he accepted and I promptly paid that same night. Since then, I haven't heard anything from the seller and I've tried sending multiple messages and even requested his contact email from Ebay, which they supplied and upon calling him he never answered there either. This gets a little more complicated because I actually purchased a multi-year license for the item because (a) there was nothing at the time to lead me to believe he wasn't going to hold up his end of the bargain since we had been messaging without any issues and (b) there was a promotion where I could get a year for free but I had to purchase a multi-year license by July 29th. Because I don't have the item, I am now stuck with a non-refundable license (if he decides not to ship the item) and I'm out the year for free. So my question is, is it possible to file suit for the cost of a new device with a year license since that would make me whole? That would give me the hardware I would've had and the year I would've had for free, had he shipped the item on-time. I'm not fully sure if the multi-year license has started yet, so I wasn't looking to recover any part of that, but if the license has already started I would also seek the cost of a year license divided by the number of days it would take me to get all this sorted out as well. The seller is in California btw.
I dropped a lot of money on the license and got a really good deal on the hardware, but without the device the license is useless and the seller has already cost me a free year which, conservatively, is almost a $450 value. The cost of hardware with a 1-Year license is around $1100-$1200 (conservatively).
Lastly, how would I go about filing a suit when the seller is in a different state and all I have is their name and phone number? I apologize if any of this seems silly but the only law experience I have is an intro business law class in college so I really do appreciate any and all assistance.