can i take legal action against a non-paying bidder

[jjack1137]

What is the name of your state? Michigan

Ok this all started Nov 17th. After camping out in the cold and rain at best buy for 3 days to get a ps3 to re-sell and make some money for my college education.

The item sold for $3500 on eBay the morning of the 17th to a person with 100% feedback so I thought I was in the clear. The next day the bidder e-mails me with a story of how she didn’t know what she was bidding on and thought it was Nintendo wii.

So she said that she could pay for it if I gave her a week to get the money I agreed . then 2 days later she said that she tried to list an auction selling a ps3 ( that she did not have) to raise funds to pay me but still couldn’t afford the price. I offered to cut down the price and said she could get paypal buyer credit . Despite my attempts to compromise her story just kept getting longer with more excuses of why she couldn’t pay me. so I searched to find the auction she put up to get money to pay me and found out that she put one up the 17th for $4000 clearly she was going to buy mine and send it to the person that won her auction and make a quick 500$ flipping it. But no one paid that much for her auction and her plan backfired.

It wasn’t just the system I was selling that morning but also a service, I had free 1 day shipping or local pickup. People were not paying for the system only they were paying high prices to be the first ones ever to own and play the systems. And now that is lost I cannot re-sell the system for that price.

DOES SHE HAVE A LEGAL RESPONSIBILTY TO FOLLOW THROUGH WITH THE CONTRACT OR DID I ENDURE ALL THAT FOR NOTHING?What is the name of your state?

 

[moburkes]

Yes, she does.

 

[seniorjudge]

What is the name of your state? Michigan

Ok this all started Nov 17th. After camping out in the cold and rain at best buy for 3 days to get a ps3 to re-sell and make some money for my college education.

The item sold for $3500 on eBay the morning of the 17th to a person with 100% feedback so I thought I was in the clear. The next day the bidder e-mails me with a story of how she didn’t know what she was bidding on and thought it was Nintendo wii.

So she said that she could pay for it if I gave her a week to get the money I agreed . then 2 days later she said that she tried to list an auction selling a ps3 ( that she did not have) to raise funds to pay me but still couldn’t afford the price. I offered to cut down the price and said she could get paypal buyer credit . Despite my attempts to compromise her story just kept getting longer with more excuses of why she couldn’t pay me. so I searched to find the auction she put up to get money to pay me and found out that she put one up the 17th for $4000 clearly she was going to buy mine and send it to the person that won her auction and make a quick 500$ flipping it. But no one paid that much for her auction and her plan backfired.

It wasn’t just the system I was selling that morning but also a service, I had free 1 day shipping or local pickup. People were not paying for the system only they were paying high prices to be the first ones ever to own and play the systems. And now that is lost I cannot re-sell the system for that price.

DOES SHE HAVE A LEGAL RESPONSIBILTY TO FOLLOW THROUGH WITH THE CONTRACT OR DID I ENDURE ALL THAT FOR NOTHING?What is the name of your state?

You have suffered no damages. No damages, no case.

I guess the obvious question has to be asked: Why don't you resell the thing?

Another obvious question: Isn't there such a thing on eBay as a "cash sale" meaning that the person has to pay before you let them have the bid?

 

[moburkes]

SJ, a contract was entered into, but the cost of the lawsuit is what will kill the OP.

Not really, in regards to your other question. There is a BUY IT NOW option, but once you've "purchased" the item, THEN you pay for it. Same problem.

OP is upset because the systems are not selling for what they were a few weeks ago, so, since he was strung along by the buyer, he can no longer resell it for the same price.

 

[seniorjudge]

SJ, a contract was entered into, but the cost of the lawsuit is what will kill the OP.

Not really, in regards to your other question. There is a BUY IT NOW option, but once you've "purchased" the item, THEN you pay for it. Same problem.

OP is upset because the systems are not selling for what they were a few weeks ago, so, since he was strung along by the buyer, he can no longer resell it for the same price.

Okay, I know nothing about eBay.

Sure there may have been a contract here and sure it may have been breached, but there were no damages!

 

[Zigner]

Okay, I know nothing about eBay.

Sure there may have been a contract here and sure it may have been breached, but there were no damages!

The damages are the difference between what the original bidder agreed to pay, and what the seller actually ends up selling it for.

 

[averad]

What state does the buyer live in?

 

[moburkes]

What state does the buyer live in?

Exactly. That's exactly why pursuing this won't be worth it, unless he happens to live in MI too.

 

[justalayman]

Exactly. That's exactly why pursuing this won't be worth it, unless he happens to live in MI too.

God I hope there aren't any folks in my state dumb enough to pay $3500 for a PS3. Sounds like the folks in Indiana maybe, but not Michigan

 

[jjack1137]

answers to questions

she lives out of state.

I would of and could of re-listed it but she led me on to belive she would still pay. i would of had money to goto college next semester but now cant break even because i had to buy a tent and sleeping bag to camp out at best buy. i took out $1000 in credit and now. im stuck paying for her scam/mistake.

she violated ebays rules by re-listing an item she didnt have trying to make a profit off me

why do i have to take the loss for all this?

 

[moburkes]

No one said that you have to take a loss. You can sue her. In her state. You can probably win a judgment. But, you cannot collect blood from a ...