eBay seller Non-performance

[me_matey]

What is the name of your state? Washington

I recently won an auction on eBay for a sailboat located in California. I emailed the seller through eBay within a couple hours of the auction closing but got no response. I paid the down payment through Pay Pal within 24 hrs all as required and emailed the seller again stating I had done so and advised him I'd be out of town for the next two days but he could contact me via my cell phone number. When I returned, I had an email message from Pay Pal stating the seller had cancelled my payment. It also contained a brief message from the seller stating the sailboat had been "damaged" and he wasn't going to sell to me. I emailed back asking for proof such as police or coast guard reports, pictures etc., asked about insurance and stated that all this didn't lessen my claim to the sailboat. He replied rather curtly that he's not selling me the boat. I highly suspect that there is no real damage to the boat, he's just backing out. Do I have a good legal case here? How should I proceed? I've filed a complaint with eBay and it appears they will take some kind of action but I don't think they'll help me get the sailboat. What are my options? Thanks in advance for good advice!

 

[divgradcurl]

What is the name of your state? Washington

I recently won an auction on eBay for a sailboat located in California. I emailed the seller through eBay within a couple hours of the auction closing but got no response. I paid the down payment through Pay Pal within 24 hrs all as required and emailed the seller again stating I had done so and advised him I'd be out of town for the next two days but he could contact me via my cell phone number. When I returned, I had an email message from Pay Pal stating the seller had cancelled my payment. It also contained a brief message from the seller stating the sailboat had been "damaged" and he wasn't going to sell to me. I emailed back asking for proof such as police or coast guard reports, pictures etc., asked about insurance and stated that all this didn't lessen my claim to the sailboat. He replied rather curtly that he's not selling me the boat. I highly suspect that there is no real damage to the boat, he's just backing out. Do I have a good legal case here? How should I proceed? I've filed a complaint with eBay and it appears they will take some kind of action but I don't think they'll help me get the sailboat. What are my options? Thanks in advance for good advice!

You could sue him, but you are unlikely to get the sailboat. What you are looking for here is "specific performance" -- in other words, getting the courts to force him to sell you the sailboat. Unless the sailboat is an extremely rare antique or otherwise essentially one-of-a-kind, a court is unlikely to award specific performance. Plus you'd need to hire a lawyer, and sue in superior court.

Your other legal avenue is to find another sailboat for sail, as close in type and condition to the one you "purchased" as possible, and sue for the difference in the prices of the two (assuming the eBay sailboat was cheaper) -- you are entitled to the "benefit of your bargain." If the amount is a few thousand dollars, you can travel to CA and sue him in small claims court. Make sure you document everything.

Otherwise, all you can do is report him to eBay for not completing the transaction, and leave him negative feedback, and continune trying to find the right sailboat for you.

 

[me_matey]

Thanks, divgradcurl, that all makes sence to me! Turns out the ebay sanctions against the seller were effective enough that the deal is back on, including an apology from the seller for his behavior. This guy might not be so bad afterall. I appreciate your input though, this deal ain't finished yet!

 

[divgradcurl]

Glad to hear it sounds like things are working out in your favor.