eBay PS3 buyer cost me almost $2K

[ckgolf]

What is the name of your state? New York


I sold a playstation 3 on ebay the night before the launch day when the demand and prices were the highest. It sold for $3,050 and the buyer didn't pay. I checked his buying history and 15 minutes later he won another auction for $2200 and paid for it. He sent me an email the next day and said his six year old was on the computer and must have accidentaly place a bid.
I relisted my auction and sold my PS3 for only $1,175 a loss of $1,875 from the origanal auction. The price for the PS3 on eBay went down considerably the following few days after its release.
I want to know if I can sue the buyer for the differance of $1,875 between my two auctions, plus my listing fees from ebay. The buyer lives in Virginia, but I'd be willing to go there for this amount of money. I don't know alot about law, but I think I have a good case with lots of evidence. Anyone with advice on where to start?

 

[tigger22472]

What is the name of your state? New York


I sold a playstation 3 on ebay the night before the launch day when the demand and prices were the highest. It sold for $3,050 and the buyer didn't pay. I checked his buying history and 15 minutes later he won another auction for $2200 and paid for it. He sent me an email the next day and said his six year old was on the computer and must have accidentaly place a bid.
I relisted my auction and sold my PS3 for only $1,175 a loss of $1,875 from the origanal auction. The price for the PS3 on eBay went down considerably the following few days after its release.
I want to know if I can sue the buyer for the differance of $1,875 between my two auctions, plus my listing fees from ebay. The buyer lives in Virginia, but I'd be willing to go there for this amount of money. I don't know alot about law, but I think I have a good case with lots of evidence. Anyone with advice on where to start?

Did you file a case against the buyer for not paying or did you accept the excuse? The fact that you relisted indicated that you accepted the excuse.

 

[divgradcurl]

I disagree with tigger22472 -- rather than "accepting the excuse," this sounds more like the seller was mitigating his damages.

However, the question to the OP is this -- where is the buyer located? If the buyer is not in your state, you'll almost certainly need to sue them in their own state, and you cannot include travel expenses in your suit. Also, if you don't have their full contact information, it may be difficult to serve them with a lawsuit.

That said, there is no legal reason why you shouldn't be able to sue them for you loss -- no guarantees you will win, of course, but a person in a contract is generally entitled to the "benefit of their bargain" in the event of a breach.

 

[ckgolf]

I have not filed a nonpayment claim yet because you must wait 8 days and its only been 4 days. I relisted my PS3 because I'm not going to sit tight while the price is plummeting. If I wait too long I make no profit. Like I said I don't Know all the laws.

 

[enjay]

Go ebay buyer!

Sorry, I can't work up much sympathy for greedy people.

 

[ckgolf]

divgradcurl The buyer lives in Virginia and I do have his name and full address. I have no problem travaling to virginia to win my lost money.

 

[ckgolf]

Go ebay buyer!

Sorry, I can't work up much sympathy for greedy people.

I understand where your coming from, but it's supply and demand. I did not ask for $3000 that's just what the market bore.

 

[tigger22472]

I'm curious if the two I saw sold on there were paid for. One was for 10K and one was for 20K