Dead bidder who caused loss on ebay motors

[sieger007]

What is the name of your state (only U.S. law)?
US and GA

So a friend of mine just sold a car on ebay for $9K. The buyer initially assured him that he would purchase the car and ask him to fax over the paperwork. He is a wealthy owner of a cab company ( buyer is ) in GA and the seller is in CA.

For 10 days the seller held on to the car with the buyers assurance after the sale was over Then suddenly the buyers administrative assistant emailed the seller that the car cannot be used as a Cab in the state of GA with a salvage title and therefore he was backing out of the bid.
The listing clearly specified this information.


What about the time and effort the buyer spent in listing ? and when the car re-lists the it would fetch LOWER price because people wondered , that something does NOT smell good.

Can the Buyer be taken to small claims court and sued over :

<> the difference in the price of the winning bid and the price at which the car was actually sold

<> All the time and effort the seller wasted in listing this car out for nothing

<> Mental agony caused over the buyers dead bidding.


In CA small claims can be upto $7500. He would like some $5000 from the buyer.



Proof that buyer has :

<> Non paying bidder filed with ebay

<> Administrative assistant's email

<> SMS trail between buyer and seller indicating interest - shows the time - this car was being "held" for the buyer.

 

[OHRoadwarrior]

File to have the Ebay sale charges rescinded and relist. You aren't going to make any money with your ridiculous claims.

 

[Mass_Shyster]

Can the Buyer be taken to small claims court and sued over :

<> the difference in the price of the winning bid and the price at which the car was actually sold

Yes, if you can prove that a contract existed that the buyer breached.

<> All the time and effort the seller wasted in listing this car out for nothing

<> Mental agony caused over the buyers dead bidding.

No. Those remedies to not apply to contract actions. You can sue for out of pocket, incidental expenses incurred as a direct result of the breach.

In CA small claims can be upto $7500. He would like some $5000 from the buyer.

I doubt a CA court would have jurisdiction over a GA buyer. You would have to travel to GA to sue. (And before you ask, you cannot recover travel expenses)

If you read carefully, you'll see that eBay motors clearly states that you are NOT bound by the bid, like you are in 'regular' eBay. It will be difficult to prove that a contract existed when eBay clearly states that bidding does NOT create a contract.

 

[justalayman]

What is the name of your state (only U.S. law)?
US and GA

So a friend of mine just sold a car on ebay for $9K. The buyer initially assured him that he would purchase the car and ask him to fax over the paperwork. He is a wealthy owner of a cab company ( buyer is ) in GA and the seller is in CA.

For 10 days the seller held on to the car with the buyers assurance after the sale was over Then suddenly the buyers administrative assistant emailed the seller that the car cannot be used as a Cab in the state of GA with a salvage title and therefore he was backing out of the bid.
The listing clearly specified this information.


What about the time and effort the buyer spent in listing ? and when the car re-lists the it would fetch LOWER price because people wondered , that something does NOT smell good.

Can the Buyer be taken to small claims court and sued over :

<> the difference in the price of the winning bid and the price at which the car was actually sold

<> All the time and effort the seller wasted in listing this car out for nothing

<> Mental agony caused over the buyers dead bidding.


In CA small claims can be upto $7500. He would like some $5000 from the buyer.



Proof that buyer has :

<> Non paying bidder filed with ebay

<> Administrative assistant's email

<> SMS trail between buyer and seller indicating interest - shows the time - this car was being "held" for the buyer.

has "your friend" ever read the terms of use concerning car sales?

Purchase Conditions




You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. *Unless otherwise stated, by making a bid or commitment to buy an item on eBay, you are committing to buy the item from the seller listing the item. *If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. *For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.*

It's time to move on. There's nothing to chase here.