Ok so I won't get into many details because we don't know where this is heading yet, and a legal matter may very well be the outcome.

So my buddy stubled across an auction on eBay, and ended up being the highest bidder winning a bike for an EXTREMELY killer deal. Now, this was a no reserve auction meaning the highest bidder wins the item in question. Well now the seller is trying to get out of the deal as the bike went for a lot lower than he was expecting, and said he would only let the bike go for triple the total winning price. Now my buddy being a good guy, wrote an email stating that he was aware the bike sold very cheap and offered an substantial extra fee if the seller was willing to help drop the bike off to the shipping company. Now my buddy isn't quite sure what to do as a next course of action. I keep telling him to keep the pressure on the seller, and he wants to and will, he is just unsure about how to go about it, and has to wait the mandatory time period with eBay. We know eBay is a legal binding contract, and it states in the user agreements what the penalties can be for failure to abide by the contract.

So my buddy is now looking into legal options, and going to contact the Federal Trade Commission and the Attorney General for the State that the seller resides in. Also contact his lawyer and see what his options are here, as an eBay auction is a legal contract.

What would you do in that situation? Anyone have any experience in this kind of matter? Thanks in advance for any input or suggestions in advance.

 

happen to a guy buying a BMW a while back (a couple months)....don't know the outcome but there was a HUGE thread about how he went about handling it....

 

yeah i was browsing that thread lastnight he ended up winning the case. the head office made the dealership go through with the sale. But this is a private seller, not a dealership, or we'd contact the head office of the dealership

 

Legal action...report the situation to Ebay, and leave bad feedback. Only hope that he can find another steal of a deal.

I'm under the impression the Ebay is based mainlyon mutualagreement terms from seller to buyer. The seller clearly doesn't agree to the event and sounds like he may take a fall on bad judgement. May be kicked outta ebay for what happened, but I doubt that your friend is going to make out if the seller isn't "in agreement" with the transaction.

 

true, but i would forward that thread to the seller and tell them that you would obviously win in light of that case and that if you went forward legally, a court of law would find the same....it's just a tactic to make him comply with the contract...

edit: Northern...actually, that is a legal offer for sale...once accepted, he cannot just say "nope, i don't like it"....it's governed under the Uniform Commercial Code....

 

If it came up here, I would rule for the plaintiff (the buyer) and instruct the seller to deliver the goods within a specified period, or he would be in direct contravention of a court order. If he failed to make good on the contract, I would have him arrested, and I would fine him for contempt of court, probably end up getting far less for his bike then. e-Bay contracts are enforceable at law. There's abundant legal precedent for cases of this type, irrespective of which country you live in. A contract is a contract, and its BINDING on both parties. If the buyer didn't put a reserve on, he has only himself to blame.....

 

exactly my thoughts, and buddy has sold over 500 items on ebay, and seems to be running a business so he clearly knows how to use ebay and has other items listed with "Buy It Now" so he def knows about the usage.

And ebay is a legal contract hence the reasoning for the statements that "you are entering into a legal binding contract once you confirm your bid"....same goes for the seller. He has a lot of other items listed, and if i were to buy one for triple the selling price, do you think he'd let me out of the deal for just the cost he was hoping to get......DEFINITELY NOT!!! so this principle is the same, just in reverse. I mean I thought about buying everyone of his items, then deciding to tell him "Hmmm don't really want any of these unless you'll sell them at 1/3 the price..." and of course then he'd contact eBay....but I can't be bothered lowering myself to that level, or killing my 100% feedback.

 

BTW thanks for the input Shadow, I was hoping someone of your stature and experience would speak up! I'll def be informing my buddy, and we will most def be pursuing this to the fullest extent, I mean the auction was at a VERY VERY low price at the 12 hr mark, and he didn't stop the auction, or apply a reserve price.

 

Damn, sounds like the seller better fess up and deliver or else grab his ankles. Best of luck

 

Sounds like alot time and money is going to be spent to get the bike. Is it worth it? and if he is forced to give it up, what did he do to it out of anger?

Not that you gave the price but if the bike was worth 6G and he won it for 2G I would go for it.