BoundByLaw
Junior Member
Can I successfully sue eBay seller for "Benefit of the Bargain" after they cancel?
What is the name of your state (only U.S. law)? Connecticut
I purchased several of the same item in a fixed price auction.
The seller listed a new, unopened item for a price of $10.99.
The ACTUAL retail price of said item is $139.99. I purchased 100 of the item from seller (they had 200 listed) and paid them immediately through Paypal (which their listing required) the $1099.00.
I received an e-mail the next day from the seller saying that they were sorry the item was listed at the wrong price, but they would refund my money and re-list the item for me to bid upon again. I replied that I do not want a refund and want the agreed upon items at the agreed upon price. I then blocked them from my Paypal account, so that they couldn't send me any money and then say "transaction undone, no harm no foul" or some such thing.
I'm guessing there is a whole slew of laws that pertain to this situation (and probably contradict each other), but can I sue for the "Benefit of the Bargain" and actually win? The amount of dollars here is no small affair for me ($12,900.00) and I realize that this is well beyond a small claims case, but if I have a shot at winning, I would definitely pursue this.
I have bought and sold on eBay for years (I'm one of their first 100 users) and I know eBay will do nothing but have them refund my purchase price. I have myself mistakenly listed something in the past, and saw it as my legal responsibility to sell the item for the price that I listed it for to the buyer. Unfortunately, many sellers on eBay now believe they can simply cancel a completed auction and then simply refund the money and re-list for a higher amount. This has mostly happened with Buy It Now or Fixed Price items, but I really feel some sort of precedent needs to be set (or reestablished as most likely is the case) to stop this behavior from continuing. I will spend some time at this, if I have a decent shot of winning my case, but would truly appreciate a point in the right direction to begin.
My thanks to everyone who can help.
-BBL
What is the name of your state (only U.S. law)? Connecticut
I purchased several of the same item in a fixed price auction.
The seller listed a new, unopened item for a price of $10.99.
The ACTUAL retail price of said item is $139.99. I purchased 100 of the item from seller (they had 200 listed) and paid them immediately through Paypal (which their listing required) the $1099.00.
I received an e-mail the next day from the seller saying that they were sorry the item was listed at the wrong price, but they would refund my money and re-list the item for me to bid upon again. I replied that I do not want a refund and want the agreed upon items at the agreed upon price. I then blocked them from my Paypal account, so that they couldn't send me any money and then say "transaction undone, no harm no foul" or some such thing.
I'm guessing there is a whole slew of laws that pertain to this situation (and probably contradict each other), but can I sue for the "Benefit of the Bargain" and actually win? The amount of dollars here is no small affair for me ($12,900.00) and I realize that this is well beyond a small claims case, but if I have a shot at winning, I would definitely pursue this.
I have bought and sold on eBay for years (I'm one of their first 100 users) and I know eBay will do nothing but have them refund my purchase price. I have myself mistakenly listed something in the past, and saw it as my legal responsibility to sell the item for the price that I listed it for to the buyer. Unfortunately, many sellers on eBay now believe they can simply cancel a completed auction and then simply refund the money and re-list for a higher amount. This has mostly happened with Buy It Now or Fixed Price items, but I really feel some sort of precedent needs to be set (or reestablished as most likely is the case) to stop this behavior from continuing. I will spend some time at this, if I have a decent shot of winning my case, but would truly appreciate a point in the right direction to begin.
My thanks to everyone who can help.
-BBL