Burned by Ebay - any real-world recourse?

[PghEbayer]

What is the name of your state?What is the name of your state? Pennsylvania

I am from Pennsylvania and recently placed a motorcycle for sale on Ebay. It was "won" by a person in Georgia who has now turned into a 'deadbeat bidder' and will not pay for it.

Ebay claims that by winning an auction "buyers automatically enter into a legally binding contract".

REF: http://pages.ebay.com/help/policies/unpaid-item.html

Is this true?

I am familiar with Ebay's 'policies', but in the real world, do I actually have any legal recourse if I choose to go that route (small claims court, attorney general, etc...)?

Sincerely,
Travis

 

[stephenk]

it is only relevant in the world of ebay. ebay can't force anyone to purchase an item they won at auction. the most ebay can do is ban the buyer.

if you want, go to georgia or hire an attorney in georgia to file a breach of contract action against the buyer. how much money are you talking about? why not just put the bike up on auction again?

 

[iceman4757]

It sounds like the same situation that I am in, but lucky for me the buyer is only 60 miles away in the same state. I talked to ebay about my situation and they recommend you try and go thru a service they offer first called Squaretrade or Squaredeal where you can hire a moderator if you both agree for $20. The guy I am dealing with didnt want to go that route so I talked to Ebay several times to make sure I could legally take this guy to court which they said yes I had all rights, so I contacted an attorney who viewed my case and said yes, I can take legal action against the buyer because of the simple rules on Ebays policy that says " All bids are legal and binding" I contacted ebay to make them define it for me when I go to court and its just that....legal and binding, I told them my whole story and they even agreed I need to take this gentleman to court. Now because your in Penns and he is in Georgia, I am not sure where the breach of contract would legally be bound at, I am assuming its like it is here, where the buyer needs to come to my county as the vehicle he purchased was here and the contract was broken.

Now another option you have is to resell the bike and if you get lower then his "legal and binding contract bid" you can sue him for the balance. Here in Michigan if its $3000 or less you can take a person to small claims court. I would call a few attorneys in your area, bring a copy of the auction listing, the bid history and the terms of serive and usage from Ebay. Let us know how it works out for you!