Lost out on $1248.00 in profit due to NPB

[BreanaLee]

What a STUPID post!!!
Do you really expect ebay to cough up the $1200 plus that the OP is out. He clearly isn't concerned with 'whipping them' through ebay... but wants what he perceives (rightly or wrongly) as a breach of contract..... and loss of value.

Ebay has a department that deals with these sorts of things...they are a professional company that helps settle these sort of problems, whether it be with seller or buyer. I had such a problem, and it was settled in 2 days.

 

[BreanaLee]

Apparently you have never dealt with ebay before and have absolutely NO clue as to how they work. All e-bay will tell me to do is to leave them a negative feedback and file a non-paying bidder report, both of which I have already done. If they get 2 more non-paying bidder reports filed against them, they are elgible for suspension. Big whoopety do. All they have to do is open a new account the next day with a different credit card. It really is that simple. I have 3 ebay accounts.

Actually, I'm an active participate in Ebay.

 

[saw192837]

Ebay is indeed incomptent and could care less about you as long as they get their fees. The following assumes that reselling tickets is legal in both states:

The buyer's non-feasance makes him responsible for your actual damages (difference in selling price), incidental damages (any extra fees on ebay if you relisted it and had to pay extra commission), and consequential damages (probably not applicable here). It's possible there could be exemplary damages but this is very rare (Fraud, which this probably isn't).

The question is where to sue. You dont have enough damages for federal court, and hiring a lawyer in state court would be cost prohibitive. The best way would be small claims court in California or Illinois.

Usually you dont need a lawyer to sue in Small Claims court. Luckily you live in California which has an unrestricted long-arm statute. This makes it more likely than other states to force an out-of-state resident into your home court. However it doesn't mean you automatically receive jurisdiction.

To nab him you need to show that the non-paying bidder purposely availed himself in your home state. The problem is that case precedent in recent years (internet law is rather new) has shown it is usually in the BUYER's home state that the case is held. (Machulsky v. Hall)

If so you would have to file in his state and spend money traveling.

 

[JETX]

Ebay has a department that deals with these sorts of things...they are a professional company that helps settle these sort of problems, whether it be with seller or buyer. I had such a problem, and it was settled in 2 days.

And if you believe that, you are a bigger ass than I thought.
I have been with eBay since 1997... and know, from personal experience, that they ONLY care about the sellers. They make all their money from them.... and couldn't care less about the buyers. They will drop or suspend in a minute.

However, the REAL issue in this case is your stupidity for assuming that eBay would do ANYTHING in this dispute. The only thing they can do is to suspend the non-paying buyers account. They can, and will, do NOTHING to intervene and to try and reimburse the poster/sellers 'loss' due to the ebay buyer failiing to abide by their contract.

 

[BreanaLee]

And if you believe that, you are a bigger ass than I thought.
I have been with eBay since 1997... and know, from personal experience, that they ONLY care about the sellers. They make all their money from them.... and couldn't care less about the buyers. They will drop or suspend in a minute.

However, the REAL issue in this case is your stupidity for assuming that eBay would do ANYTHING in this dispute. The only thing they can do is to suspend the non-paying buyers account. They can, and will, do NOTHING to intervene and to try and reimburse the poster/sellers 'loss' due to the ebay buyer failiing to abide by their contract.

Since the OP did not state anything in his first post that he had tried to contact EBay and had simply jumped to the conclusion that suing was the answer, I made a suggestion to talk to Ebay to see if they could do anything first. This is NOT a stupid suggestion; afterall, they are the medium between buyers and sellers. Suing is NOT the first step someone should take to get an issue resolved.

 

[JETX]

This is NOT a stupid suggestion; afterall, they are the medium between buyers and sellers.

No they are not.

From the ebay terms of service:
"The Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller."

Suing is NOT the first step someone should take to get an issue resolved.

I agree... but after all this IS a LEGAL advice website. Suing is what we do!!

And if you want PROOF of your stupidity... look at the action eBay takes for non-paying bidders: http://pages.ebay.com/help/tp/unpaid-item-process.html

 

[BelizeBreeze]

I agree... but after all this IS a LEGAL advice website. Suing is what we do!!

ANd so far 1,503,391 served without a complaint

 

[BreanaLee]

No they are not.

From the ebay terms of service:
"The Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller."


I agree... but after all this IS a LEGAL advice website. Suing is what we do!!

And if you want PROOF of your stupidity... look at the action eBay takes for non-paying bidders: http://pages.ebay.com/help/tp/unpaid-item-process.html

Oh good, you again.

First of all, you're saying that EBay is not a medium between buyers and sellers? Do sellers not use the service to reach buyers? Do buyers not use EBay to make purchases? That's what I thought.

Once again, the OP said nothing of looking into Ebay's rules or making contact of any kind to see what could be done.

It's not my stupidity, sweetheart. It would be the OP's, for assuming that the first and only choice would be to sue. Also, it would be his responsibility to read Ebay's rules and policies concerning non-paying bidders BEFORE putting up any item. After all, anything that could go wrong probably will. If he was disatisfied with Ebay's policies, he should have saved himself the seller's fee and the time. He certainly didn't HAVE to use their company as a means to scalp the ticket(s).

 

[JETX]

First of all, you're saying that EBay is not a medium between buyers and sellers? Do sellers not use the service to reach buyers? Do buyers not use EBay to make purchases? That's what I thought.

Yep. And it is obvious that your 'thought process' is screwed up. You really should NOT be posting on a legal website, since you are a legal ignoramus.

Ebay is NOT LEGALLY liable for any transaction between an auction seller and an auction buyer. Many have tried to make them an agent in the transaction and no court has agreed.

 

[BreanaLee]

Yep. And it is obvious that your 'thought process' is screwed up. You really should NOT be posting on a legal website, since you are a legal ignoramus.

Ebay is NOT LEGALLY liable for any transaction between an auction seller and an auction buyer. Many have tried to make them an agent in the transaction and no court has agreed.

I am really tired of people who cannot read responding to my posts. LIKE I SAID...Ebay has terms of service that state that they are not liable. DUH. Therefore, the OP should have been prepared to know that Ebay would not take responsibility for non-paying bidders, like I just FREAKING SAID in my last post. If he did not agree with the terms of service, then he should not have used Ebay in the first place.

With that being said...Ebay acts as a medium between buyers and sellers, providing services to both so that transactions can be hosted by their company.

Once again, I really don't give half a $hit about what you think about me or my experience in law. I do not claim to be a lawyer, nor an apprentice or anyone of that nature. The advice I have offered was COMMON SENSE...do not use a company's services if you don't agree to their terms and conditions, and suing is not always the first action to be considered.

 

[BelizeBreeze]

I am really tired of people who cannot read responding to my posts. LIKE I SAID...Ebay has terms of service that state that they are not liable. DUH. Therefore, the OP should have been prepared to know that Ebay would not take responsibility for non-paying bidders, like I just FREAKING SAID in my last post. If he did not agree with the terms of service, then he should not have used Ebay in the first place.

With that being said...Ebay acts as a medium between buyers and sellers, providing services to both so that transactions can be hosted by their company.

Once again, I really don't give half a $hit about what you think about me or my experience in law. I do not claim to be a lawyer, nor an apprentice or anyone of that nature. The advice I have offered was COMMON SENSE...do not use a company's services if you don't agree to their terms and conditions, and suing is not always the first action to be considered.

And now a word from our sponsor and the we'll return to "MEDIUM" the e-bay story

 

[BreanaLee]

And for those of you who are having problems understanding what MEDIUM means, here is a definition.

Medium - Something, such as an intermediate course of action, that occupies a position or represents a condition midway between extremes (example: Two extremes being BUYER and SELLER ). An agency by which something is accomplished, conveyed, or transferred. (Ebay is used to convey information between buyers and sellers).

By the way, I'd rather be a legal "ignoramous" than someone who can barely comprehend a simple word and/or post.

 

[BelizeBreeze]

Medium
NBC series inspired by the real-life story of research medium Allison Dubois.

 

[JETX]

With that being said...Ebay acts as a medium between buyers and sellers, providing services to both so that transactions can be hosted by their company.

Tell ya' what Darlin'.... how about you providing ANY legal definition of a 'medium' as you are applying it.
Remember, this IS a LEGAL advice site.

Once again, I really don't give half a $hit about what you think about me or my experience in law.

Actually, lack of experience.

I do not claim to be a lawyer, nor an apprentice or anyone of that nature. The advice I have offered was COMMON SENSE.

Then you are on the wrong website.
You need to be on www.I_Dont_Know_But_Here_Is_My_Guess.com website. Cause you're sure as hell ignorant about the law!!

 

[BreanaLee]

Tell ya' what Darlin'.... how about you providing ANY legal definition of a 'medium' as you are applying it.
Remember, this IS a LEGAL advice site.

: I am NOT applying 'medium' as a legal definition because it ISN'T. It is a term in the English language that describes Ebay's services as a company. Just like I would not apply '@$$hole' as a legal definition. Ebay states their own legalities on their website...why don't you take a visit if you want their terms and conditions?

Actually, lack of experience.

: Lack of experience makes me not care what some retarded stranger with way too much time on their hands and $hitty advice thinks of me? I thought that was maturity and a firm grasp of reality...then again, that's probably something you haven't heard of.

Then you are on the wrong website.
You need to be on www.I_Dont_Know_But_Here_Is_My_Guess.com website. Cause you're sure as hell ignorant about the law!!

: Once again...all I offer is some common sense...if someone is taking a dump on your lawn, the first thing isn't to run to some law firm requesting a lawyer to sue the pants off the guy. It's all about being a big boy/girl and communication. At least I'm not jumping on forums just to insult people or telling posters to waste a bunch of money on lawyers because "OMG The first thing you should always do is sue!!!111oneoneone" as you jerkoffs like to suggest. But, again...I know maturity and being an adult is a hard concept for you to swallow.