Can I get out of winning an Ebay auction?

[dzuyvu]

What is the name of your state? California.

I bid on a spot to buy a car (limited production) and at that time, I entered one bid but was not the highest bidder. In the mean time, I found another spot and forgot to retract my bid. The seller then ended the auction 2 days early and canceled several other bids until he came to mine. I then became the winning buyer. I know I bidded but somehow I feel that something is wrong because he cancel several bids then ended the auction early. He is currently in Florida. My questions are

1. Is this bid binding?
2. Where would he sue me, California or Florida?
3. How can I resolve this matter fairly. I have offered to pay all his listing fees.

Again this auction was for the right to purchase the car. I still don't know if he could transfer his spot to me. Any help would be appreciated.

 

[dallas702]

I'm not sure what you are talking about with the "spot" to buy a car. I've purchased several cars using Ebay, and the process is usually to bid what you are willing to pay, if someone bids higher you aren't the "buyer". I've been buying and selling on Ebay for almost 10 years and I have never run into a situation where the seller cancels bids and then tells a lower bidder he is the "winner". It sounds like a good way to set up shill bids to raise the price and then toss the fakes away.

You definitely should have cancelled your bid as soon as you made the other purchase, but his method of declaring you the winner sounds suspicious. Even though the rules state that your bid is a "binding contract" there are people every day who don't complete these deals and never get sued or suspended. Offering to pay his fees is nice, but you probably don't have to do it. From his actions I wouldn't give the guy a dime. In fact, I'd look really close at his past deals (email some of his prior buyers and see what they say). This sounds too much like a shill scam.

Want to share the auction # with us?

BTW: he'd have to come to CA to sue.

 

[JETX]

As expected, this idiot is still full of crap!!

I'm not sure what you are talking about with the "spot" to buy a car. I've purchased several cars using Ebay, and the process is usually to bid what you are willing to pay, if someone bids higher you aren't the "buyer". I've been buying and selling on Ebay for almost 10 years and I have never run into a situation where the seller cancels bids and then tells a lower bidder he is the "winner".

This is NOT an uncommon or unheard situation. Here is a website of an identical situation.... and ebays response was "when you are outbid on an item, you haven't necessarily lost the auction because the higher bidders can be cancelled or suspended for any reason at any time".
http://www.auctionbytes.com/cab/abu/y205/m05/abu0143/s04

It sounds like a good way to set up shill bids to raise the price and then toss the fakes away.

As noted in the above reference, ebay investigates cancelled bids just for that reason.
See: http://pages.ebay.com/help/sell/cancel_bids.html

Bottom line... and contrary to your INCORRECT legal 'advice'..... the writers bid remains as the high bid.... and the writer has a contract to purchase.

 

[dzuyvu]

What damages can he sue for if he still has the product, can still auction it. He continues to insist that I complete the transaction even though I have stated my error. I have continued to offer to pay his fees. Are you sure he has to come to Calfornia to sue? Do have to pay if legal fees?

 

[JETX]

What damages can he sue for if he still has the product, can still auction it.

His 'damages' would be whatever the difference, if any, between what you contracted to pay and what he actually sells the 'item' for.

Are you sure he has to come to Calfornia to sue?

No. He does not have to come to your state to sue. That erroneous crap was by another poster.
He can file a lawsuit anywhere he wants. You would then have the right to file a motion challenging their lawsuit (venue). If the court agrees with your motion and argument, then case will be dismissed or transferred. If the court finds that they do have jurisdiction, the lawsuit will remain as filed.

Do have to pay if legal fees?

Most states dictate whether a breach of contract lawsuit allows for legal fees or not. If the state where the lawsuit is heard (in the unlikely issue of one even happening) allows for the fees, yes.

 

[dzuyvu]

Thanks for the last reply. I do have a few other questions.
1. Does he have to try to resell the item to have damages. By that I mean he has probably until at least to the end of the year to sell the spot. If he doesn't try to sell, what sort of damages can he claim?
2. Do you know if in Florida or California, fees are paid by me or him.
3. How easy is it to move a case and for what reasons.

For what's it worth, I'm not sure he can guarrantee his delivery time of 4-6 months.

 

[dallas702]

Jetx;

Let's just say the seller does file a suit in his state court. He may or may not get a judgement...as you said, for whatever loss he might incur in reselling the vehicle, including the Ebay fee. IF he got that far he would still have a hard time collecting. If he relists the vehicle and gets more, then he isn't damaged. The very fact that he tossed off higher bidders to work his way down to this "winner" is still suspicious. The seller has to try to resell the car before he can even claim damages. I have had many "invitations" to buy an item that I had bid on after the high bidder backed out, but I was never told I HAD to buy the item.

It is not always possible to do a bid retraction in time for the auction's end, though Ebay has changed its rules on this a little. Several years ago I had a similar situation while attempting to buy a '65 El Camino on Ebay. The seller was a 3rd party (dealer). I was never able to make contact with the actual owner of the car to get questions answered, tried to withdraw my bid on the last day and it wouldn't process. I ended up giving the seller (dealer) his ebay fees just to be nice (I didn't have to because the owner never responded to me). Several months later the dealer gave me a negative feedback comment, which I responded with the same for him. There are so many of these transactions going bad every day that no court could handle all the possible suits. It is still a buyer beware/seller beware environment and not too many judges waste their time with it....much less sellers in this situation.

 

[JETX]

Let's just say the seller does file a suit in his state court. He may or may not get a judgement...as you said, for whatever loss he might incur in reselling the vehicle, including the Ebay fee. IF he got that far he would still have a hard time collecting. If he relists the vehicle and gets more, then he isn't damaged.

Correct.

The very fact that he tossed off higher bidders to work his way down to this "winner" is still suspicious.

I agree that the number of cancels is unusual... and maybe even suspicious.... but look at the dates, times, amounts of bids and the reasons shown for the cancels. It is VERY common on these 'non-property' auctions for bidders to mis-read and think that they are actually bidding on the item itself.... and not just information on how to buy.... or in this case, a spot on a dealers pre-order list.

The seller has to try to resell the car before he can even claim damages.

Not correct. The 'item' being sold was simply a reserved spot on the dealers order list. The seller would have to try to resell that spot.... not the car itself.

I have had many "invitations" to buy an item that I had bid on after the high bidder backed out, but I was never told I HAD to buy the item.

Either you are lucky in the seller not 'announcing your winning bid', or you are confused about 'second chance offers'. There is no obligation for the 2nd chance.

 

[dzuyvu]

The seller cancelled 2 bids 20 minutes to ending the auction early. That is what made me suspicious. Just to clarify the situation, if he does not try to sell the item again and insists that I buy the spot, can he demand damages that are unknown? He has plenty of time to try to sell so I find his demand that I pay slighly unreasonable. I am continually offering to pay for all his current fees without much success.

 

[dallas702]

OK, I see the problem as JETX describes it. The fact that this is a "spot" may mean it is "time sensitive" and may not be able to be resold at the "opportunity" price. If that's the case I would agree with JETX that you might have to pay the whole amount. I would darn sure encourage th eseller to relist the "spot" asap...not only for his own good, but for yours as well.

 

[dzuyvu]

That "spot" will not come due for probably another 6 months. What duty does the seller have to list the item again. If he waits until 1 week until his spot becomes available and is not able to sell it, am I liable for the whole amount? What can I do to encourage the seller to relist?

 

[dallas702]

If he wants to show actual damages to a court he will have to relist the spot and try to claim the difference (IF he loses any money, and then it may not have been your fault). But he did incur Ebay selling fees, and you will be liable for that cost if the case is filed and made. Have you asked him if he is willing to "settle" it all for the cost of the fees?

 

[dzuyvu]

He is still refusing to accept me paying all his fees and is insisting on full payment.

 

[dallas702]

How much was your bid, and how much were the bids that were higher than yours? It's still puzzling that he would turn down higher bids and stop at yours. I'd like to see the actual auction data (the #) to see how he presented his information.

 

[dzuyvu]

One bid was for $10000 and the other was for $35000 but mine was for $8400. I can give you the auction number if you pm me and I'll email you the auction info. I was informed I should not post the auction number for all to see. By the way there were serveral retracted bids as well but those two were done 20minutes before closing the auction early.