Can I sue eBay seller for breach of contract??

[Taxing Matters]

He'd have to show reliance to get that amount. That may be hard in something as loosygoosy as ebay purchases.

Reliance is not a factor in a breach of contract case. You make a contract; the other party breaches it; you are entitled to sue to get the benefit of the bargain you made. So what is the reliance factor you are bringing up? The key issue is whether they did, in fact, enter into a contract. But if that is in fact what they did, and the seller breached, the OP is entitled to seek the benefit of his bargain.

If you are bothered here by some sense that it's unfair to the seller, I don't see it that way. The seller had the opportunity to do the research to find out what he had before agreeing to the deal. He didn't, and thought the deal was a good one when he made it. Once he agreed to the deal, he shouldn't be allowed to back out upon finding out he could have got a lot more. We hear about examples of this sort of thing all the time — like people who buy something for $1 at a garage sale that turns out to be worth thousands. Does the garage sale seller get to rescind the sale when that comes to light later? No. He made the deal, was happy with it at the time, and the fact that it turned out not to be a good deal for him is just the way the ball bounces; he could have investigated what he had and then not made that mistake.

 

[Mass_Shyster]

The ebay terms of service appear to indicate that a seller can cancel a transaction at the risk of negative feedback.

https://www.ebay.com/help/selling/getting-paid/canceling-transaction?id=4136

If you've sold an item, but can't complete the sale with your buyer for some reason – the item was damaged, or you had fewer items in inventory than you thought, for example – you can cancel the transaction.

You can cancel a transaction up to 30 days after a sale, even if your buyer has already paid.

"for some reason" is pretty vague, and the two reasons listed are identified as examples, not an exhaustive list of reasons.

 

[FlyingRon]

I wasn't talking about whether their was a breach, I was talking about computing the magnitude of the damages.

 

[Taxing Matters]

I wasn't talking about whether their was a breach, I was talking about computing the magnitude of the damages.

I was also referring to the damages.

 

[ComicGuy]

Reliance is not a factor in a breach of contract case. You make a contract; the other party breaches it; you are entitled to sue to get the benefit of the bargain you made. So what is the reliance factor you are bringing up? The key issue is whether they did, in fact, enter into a contract. But if that is in fact what they did, and the seller breached, the OP is entitled to seek the benefit of his bargain.

If you are bothered here by some sense that it's unfair to the seller, I don't see it that way. The seller had the opportunity to do the research to find out what he had before agreeing to the deal. He didn't, and thought the deal was a good one when he made it. Once he agreed to the deal, he shouldn't be allowed to back out upon finding out he could have got a lot more. We hear about examples of this sort of thing all the time — like people who buy something for $1 at a garage sale that turns out to be worth thousands. Does the garage sale seller get to rescind the sale when that comes to light later? No. He made the deal, was happy with it at the time, and the fact that it turned out not to be a good deal for him is just the way the ball bounces; he could have investigated what he had and then not made that mistake.

Is it possible to open this case in my state? Or must it be opened in sellers state?

I’m just curious because obviously online contracts are conducted in potentially two places, so what is the reasoning that you can only open case in sellers state (I assume)?