EBAY - can SELLER back out?

[gtrboy01]

What is the name of your state? seller lives in PA, i live in MD but purchased item while living in TN

I purchased items (all in one auction) for $1800. Sent the seller $1950 which included hand-delivery to me in MD. We agreed on a date for delivery. Seller postponed 1 week. Then I postponed one week. I just emailed him saying I would like the items delivered this weekend. Just received a reply saying "I'm sorry but I was selling these for a friend and he just decided that he doesn't want to sell the items for that price. Give me your address and I'll send back your money orders. Here is my friend's info if you want to discuss with him. Please don't shoot the messenger."

My issues are:
1. i am a dealer that purchased these items for resale. i pay for all my merchandise out of pocket. the time this $1950 was tied up prevented me from investing in other inventory i could have turned 2-3 times at profits within the time i've been waiting for this deal to be completed
2. i have already sold some of these items to customers that are relying on these items for work purposes. to backout would jeopardize my flawless reputation, as well as cost me the sales of these items, as well as cost me some of the positioning i gain in my industry because of the items i stock.

i have yet to reply to his email or call the person he claims is the owner.

 

[stephenk]

let us know what happens after you either reply to the email or speak with the owner of the items.

 

[gtrboy01]

let us know what happens after you either reply to the email or speak with the owner of the items.

for the discussion i have with him i was going to make these points:

1. backing out is not an option
2. we have a legally binding contract
3. the moment your friend accepted the payment (acting on your behalf,) we the items became my property. hence, failure to deliver MY items will result in me treating the situation as a theft

 

[gtrboy01]

this is his reply:

"You have his information, so you can contact him.
If you refuse to give me your address, I'll just void the money orders."


So now i have a real problem because if he voids the money orders (postal money orders) i can't get those funds back

 

[gtrboy01]

i'm in a bind here... this guy is holding $1950 worth of postal money orders (which is like cash that belongs to me!) he is threatening to "void" or destroy them, after which i can't get that money.

if i have him send me the money orders back can i still recoup the damages???

 

[stephenk]

your first two points are accurate. your last point is not - you can't treat the matter as a theft.

you have two choices: take back the money and sue for the items OR don't take the money and sue for the items OR take back the money and forget about it.

I would go with the last option.

 

[gtrboy01]

much appreciated. spoke w/ the "real owner" of the items. he said he won't sell for less than $2500 and didn't give the "seller" permission to sell to me at that price. guess i'll get my money back and may sue if i think it'll be worth it, but not sure at this point