EBay seller non performance

[wantperformance]

What is the name of your state? CA

Hello, first time user on this website...I was offered and accepted an EBay 2nd chance offer for a Sony laptop located in California. The link is below if needed.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ih=008&item=180020448589&rd=1&sspagename=STRK:MEWN:IT&rd=1

The seller agreed to allow me to pay in cash in person (his 0 feedback). Sent email to seller the day of the sale informing him that I will drive to his location, Travis AFB in California Tuesday morning to pay and pickup the unit. Seller emails me that he is in Michigan on Military leave. Left message on his cell and he called back later on Monday, August 21. On the phone conversation, I informed him I still wanted the computer and that I would send the funds to Michigan to my family and/or friend to complete the transaction. He agreed to this and informed me that my family or friend could pay for and pick up the computer after 7:00p.m. est since he works with his father from 7a.m. till 7p.m. I was able to get the funds to Michigan on Tuesday and left over 7 emails and a combination of 6 or 7 phone messages from myself in California and from my family/friend in Michigan. The seller will not anser the emails, will not anser the phone calls or respond. My friend blocked the caller id on his phone and Lee, the seller, answered but immediately hung up when he recognized my friends voice. I sent another email last night informing him that I accepted his offer and that I needed a response within 3 days or that I will have to assume that he will not honor the transaction.

I have sent EBay the emails and such they requested buy am more interested in getting the laptop. The laptop retails for $2900 on the Sony website and I accepted the $1700 second chance offer he sent me.

It seems that the seller is in breach of contract. All I want is the computer as stated in the listing. What direction should I go to get performace?

I don't mind going to small claims if it could enforce the sale but would I ask for the laptop (new in box as stated in the listing), $2900? Then, if I were to win, how could I get the computer? If it got ugly could I garnish his military income?

I thank all of you in advance for your time and consideration

 

[pattimelt]

It actually sounds like

he did you a favor. No offense, but it looks like you almost fell for a scam. If the seller won't perform, contact ebay and let them know about it-- and be glad you didn't get ripped off.

Especially now that I look at his "completed" auctions:
http://search-completed.ebay.com/search/search.dll?sofocus=so&sbrftog=1&from=R10&satitle=&sacat=-1%26catref%3DC6&fis=2&ftrt=1&ftrv=1&saprclo=&saprchi=&seller=1&sass=amngizzerx&fsop=1&fsoo=1

Seller's own ad states that he "bought two of them" yet seller has 3 listed on ebay. Seller also sold a Toshiba laptop AND a Mercedes sedan.

 

[sushilover]

I agree to the above statement. Also he's not a registered user anymore, indicating his other buyers called him out as well. He might not have had any laptops to start with. I think you were lucky that you didn't give him any money.

 

[wantperformance]

Would I have a chance in small claims?

Wantperformace in CA
Hello and thank you both for the response...If I did want to pursue and try to force the sale in small claims court do you think I would have a chance? He claims to be in the military 35 miles from my location in CA. To my understanding he would have to provide the laptop at the price I won it for or would be liable for damages (?). Can military income be garnished if I were to win? and if I did win he would probably think twice about trying to screw around with people.
Thank you again in advance.

 

[racer72]

You can't force someone to sell something they don't have. Other than some aggravation that is worth $1.45, what are your damages? And don't say not having the laptop cost you a bunch of money or time, as soon as you realized you were not going to get it, it is up to you to mitigate the damages. You could file a police report and attempt to have criminal charges brought against the individual but you really don't have much for a civil case.