Can an Ebay seller really sue me?

[poorgirl13]

What is the name of your state? CA

A friend of mine was screwing around with my Ebay account during a party, and put in an offer on a Ferrari for 100,000 dollars. The buy it now price was listed at a half million, but the auction was set up to consider offers. Anyway, a couple of days ago, this guy from Chicago calls me and says congratulations, they've accepted my offer of 100k. I told him I didn't know what he was talking about, and that a guest of mine must have been screwing around with my account. I apologized, and told him I wouldn't be completing the transaction, and that he should re-list the car immediately. He told me we had a legally binding contract and that I owed him 100K. I told him I'd be happy to pay his re-listing fees, but I was in no position to pay him 100K. He told me the listing fees on the auction were "up in the thousands". I asked him how much and he said he'd get back to me, but in the meantime, I should get a lawyer. Is this guy for real? Could he really sue me for 100k for breach of contract? I mean, I realize anyone can sue anyone for anything -- but do you think it very likely he'd bring a legal suit against me? Does he really have a case?

 

[Zigner]

What is the name of your state? CA

A friend of mine was screwing around with my Ebay account during a party, and put in an offer on a Ferrari for 100,000 dollars. The buy it now price was listed at a half million, but the auction was set up to consider offers. Anyway, a couple of days ago, this guy from Chicago calls me and says congratulations, they've accepted my offer of 100k. I told him I didn't know what he was talking about, and that a guest of mine must have been screwing around with my account. I apologized, and told him I wouldn't be completing the transaction, and that he should re-list the car immediately. He told me we had a legally binding contract and that I owed him 100K. I told him I'd be happy to pay his re-listing fees, but I was in no position to pay him 100K. He told me the listing fees on the auction were "up in the thousands". I asked him how much and he said he'd get back to me, but in the meantime, I should get a lawyer. Is this guy for real? Could he really sue me for 100k for breach of contract? I mean, I realize anyone can sue anyone for anything -- but do you think it very likely he'd bring a legal suit against me? Does he really have a case?

Do you have a credit card on file with Ebay/Paypal?

 

[Silverplum]

Is that the Music Of Doom I hear playing in the background?

 

[poorgirl13]

Yes, I do have a credit card and bank card listed with paypal. Why? Are you saying my funds could be taken from me? Please don't mess around with me, I'm very concerned over this.

 

[PJ Weber]

Find a lawyer ASAP

A eBay bid or offer is a contract

Doesn't matter if done in jest, it was your account and 'your friend' made an offer

 

[Zigner]

Yes, I do have a credit card and bank card listed with paypal. Why? Are you saying my funds could be taken from me? Please don't mess around with me, I'm very concerned over this.

Was just looking for a possible way out for you - but doesn't apply. Sorry

 

[poorgirl13]

Thanks for the advice. I consulted with a lawyer friend of mine from college who's also a huge ebay aficianado. Here's what he had to say:

Your seller is an ass. But only on his best days. He waited until there were three minutes left in the ten days the listing was running before he accepted which is certainly reasonable since you do not want to accept an offer of 100k if there is anyone insane enough to pay 500k but it also means that he has no legal case.

Yes, you are responsible for the offer since it was made using your account. Yes, he can file the UIP (Unpaid Item Process) against you and give you a strike as well as giving you negative feedback. And he probably will do both - there is absolutely nothing you can do to prevent it unless he is willing.

And he won't be.

He told me the listing fee on an item like this was in the thousands.

The listing fee was $4.80 for the auction, .35 for the Gallery and .40 for ten days. That is $5.55 which, last time I looked, was quite a ways from "thousands". You certainly should pay him this.

The Final Value Fee is certainly substantial. That fee is 5.25% of the initial $25.00 ($1.31), plus 3.25% of the initial $25.01 - $1,000.00 ($31.69), plus 1.50% of the remaining closing value balance ($1000.01 - closing value). On $100,000, that comes to $1533.00. However, he can get all of that canceled by simply filing the UIP.

He has a choice. He can wait 7 days and file using the "unpaid deadbeat" choice, wait another 7 days and close it (this gives you the unpaid strike which, if you get enough of them, will get you tossed from eBay - it takes at least 3 and often 4) or he can file instantly using the "Mutually Agreed " which, as soon as you agree to it, will give him the credit and will not impact you at all.

As for the lawsuit, forget it. Yes, he has a valid breech of contract case. It would require filing in Federal Court since I assume you are in different states (he is Illinois), would require him to pay a young lawyer many, many thousands of dollars up front (it would have to be a young just starting lawyer since no experienced one would ever accept such a case) and, 4 or 5 years from now, when it came before a judge, it would be tossed out in seconds.

He still has the car so his provable damages are the insertion fee and the extras. $4.80. The fact that he waited so long to accept the offer is proof positive that there is no demand for this car and any claim that it is worth a half million is pure idiocy. 40,000,000 folks came to eBay while it was running and not a single one went after it.

As you know, you are fully responsible for any activity on your account. However, there is no practical action he can take so you will be OK. Now, if he does give you a neg, you probably should abandon this account because your feedback percentage will be horrible and many sellers will have you blocked. All you need is a different email address and, since you only have a score of 13, it is no great loss.

I should be right here whenever you need me.

 

[breakaway]

While I have no idea if he has a case or not (I don't think he does), I don't understand your friend's argument that he waited til the last second to inform you. Ebay is an auction site, you're SUPPOSED to wait to the last second. What difference would it make to him if he informed you right away or waited 10 days til the auction was about to end?!?

 

[Grayson]

Before you feel confident that your Lawyer friend gave you accurate advice I'd consult someone else, who is not a friend for a second opinion. As it seems he doesn't know much of what he is talking about.

Like the above poster stated, the one selling the car didn't have an obligation to inform you before the Auction ended. I don't know of anyone who would have done that as until it is ended or closed you do not know if someone else will bid again.

As far as his asking for a Ferrari at $500k, without knowing of seeing the Car myself I cannot comment on much. But have read of some going for that much. They usually price around $170k. So for the seller to close on the bid of $100k was a reasonable thing for someone who knows those cars to do.

Second it didn't cost him just $4.80 to list the ad. To see roughly what he paid and if he added anything else to it, it may very well have hit the thousands. Its not cheap to post cars on thats why those who do hope those who bid are just as serious and not playing games.

http://pages.ebay.com/help/sell/motorfees.html


I am not sure if the seller has a case, perhaps in small claims, but I can understand why he is upset and would be also if someone posted a fake bid and never followed through. I would check around for someone else to advise you legally than whomever you spoke to.

 

[VanMan99]

If nobody else bid on the car and your bid was so low compared to the asking price, I would have thought it be in the sellers favor to receive any bid which should intern create more interest. (if any existed at all) But as it seems there was no interest (except your bid) he should cut his losses and re list. I am sure if he complains to the right person at ebay he might get his fees reversed and be out nothing except time.
Just my opinion.

 

[SnowCajun]

Also if you're forced to pay for the listing fees your losses should be recoverable by suing your so called friend who caused this mess in the first place, they are responsible for their actions because obviously this was done maliciously. If they know how to make an offer on eBay then they know enough about eBay to know that you'd be in a twist over their actions, so I feel you have a route to recovery that way even if you have to pay up front.

SnowCajun

PS: You may want to consider a logon password for your computer, there's an option in bios to set one that you have to enter everytime you turn on your computer, or everytime your computer goes into hibernation mode and you start it back up again. That way no one can access your system without your knowledge!