Do I have any recourse in recieving the goods I purchased?

[[email protected]]

I am wondering if I have recourse in Small Claims Court in New York. I bid on jewelry on Ebay, was the highest bidder,but the reserve was not met. The seller contacted me, and offered me the jewelry for a certain price, and explained that the jewelry was appraised at a much higher price. I accepted, mailed her the payment in the full amt. When I didn't hear anything after a few weeks, I contacted her, and she stated she is sending me my money back, that her family said she was foolish for selling these items at this price, and could get more money for it and she has changed her mind. She reneged on our agreement, the deal was between her and I,for $500.00, not her family. Can I take this to small claims court in NY State, to be able to uphold the agreement we made, and receive the jewelry I paid for instead of my money back? Any info would be greatly appreciated.

 

[racer72]

If you were to take the seller to small claims court, you would have to do it in the county of the state the seller lives in. If the sellers lives outside of New York, your state laws do not apply in the other 49 states. Also, sellers have the right to not sell if other facts are found out after the sale is agreed upon but not consumated. You would probably lose in small claims court. Note: I also am a frequent seller on eBay with over 400 items sold. On a couple of occasions, I have had to terminate sales after payment was sent. I always give a detailed explanation why and the buyers have been understanding. But I have always honored bids that exceed my reserve though.

 

[JETX]

Though Racer72 was correct in most of his points (venue, etc), in my opinion, he was not correct when he said, "sellers have the right to not sell if other facts are found out after the sale is agreed upon but not consumated."

Based on your post, a contract DID exist and you could possibly bring a case of breach. However, you have a lot of problems that you would need to consider:
1) Venue. As noted by Racer72, you have a problem of an interstate transaction conducted over the internet. This could warrant Federal courts, or each of you could claim that the transaction was completed/negotiated in each state.
2) Any attempt to litigate your case in New York will only result in one of two possible outcomes; (a) the defendant will challengs venue, or (b) you will win a default judgment against the defendant. And a default judgment probably cannot be enforced outside of the originating state, which makes it useless for you to try to enforce outside of NY.
3) Most Small Claims courts are 'money courts' only. This means you can attempt to recovery your money damages, but they cannot force specific performance. Your post says that you want the contract fulfilled which would preclude your using the Small Claims courts.
4) Finally, with the case that you are claiming, you will be unlikely to find a 'contingency fee' attorney to represent you for your claim. This means you will have to front all the money out of your pocket, with a slim or no chance of recovery. Especially considering that your case would have to be enforced in another state.... and

So, with all things considered (cost, venue, court, lack of enforcement, etc.), you should be grateful that you are getting the money back and not getting scammed.

 

[[email protected]]

Reply to Recourse for Small Claims Court.

I would like to thank both of you, Racer72, and Halket, for your insight, opinion, and knowledgable advice on my matter on the jewelry deal in Small Claims Court. The party involved in this lives within an hours drive of me, however, after reading both of your responses, I feel fortunate to at least be offered my money back, and not be scammed by the deal. After reading both of your responses, I also feel that someone who would go back on a deal, isn't worth my time, nor would I ever do business with her again. Thank you both so much for your good advice, it is greatly appreciated. Marlene [email protected]

 

[racer72]

May I suggest on type of recourse? You may leave a negative feedback of the seller on Ebay. I speak from experience that sellers dread them and if the seller is a part time seller, it can turn away potential bidders.