Wouldn't cost more to get a lawyer, pay the court fees, and the maintance on the bike? Why doesnt your buddy just say whatever and look for another bike?

 

well for one, he would likely get all his attorney costs and fees awarded back to him, so i wouldn't necessarily say that he would lose anything on this...

 

I see a lot of people stating: "Let it go, not worth the hassle"

I say Fight it with all you've got. If not for the bike, thenbecause of the principle of the matter.

If we don't have the rule of law, we have nothing. A man's word should be his bond, and anyone who undermines that willingly is making humanity lesser as a whole.

Your friend recognized he had gotten an incredible deal, and that the seller might feel that he got screwed (he screwed himself) and he did the honorable thing by offering a bonus to help with the delivery. he didn't even have to do that.

Yes, a less than honorable person (which this seller seems to be) might yet do some really spiteful things that might even end up with you never getting the bike in the end, but it would end him up in jail for fraud or something similar.

I would take this thing all the way if I were you.

Contact EBAY and a lawyer ASAP, and definately attempt to pay the purchase.

 

Yeah my buddy is in the process of contacting eBay, but they want him to wait their specified times and all that non-sense. But he is in contact with a few lawyers, and they are all laughing because they know its an easy case for them. At this point, his offer of a bonus....has expired to say the least. He is already speaking with a shipping company and has arrangements starting.

Mt buddy said the exact thing tonight, he could care less about the bike at this point, just the principle (I care about the bike lol...i was standing to benefit from this deal aswell[8D] as we were going to trade bikes as his wife wanted an F4i, not the bike he purchased, and I would have been more than happy with this newer model).

But at this point, the seller should just make good on the deal. He is claiming that he doesn't even have the bike, its a "buddy's" and it doesn't even have the same plastics on it as last time he saw it and all this non sense. But he showed pictures of the bike in near immacualte condition, showing VIN #'s, gauge cluster showing miles, tires, and the only 2 scratches on the bike (both being VERY negligible). He also stated that "got rid of my woman, now the bike has to go", and that "i put new fairing on it last summer as girlfriend dropped it in the driveway", and he has the clear title, waiting to be registered in buyers name, and the bike runs 100% in the auction on eBay. So he is pretty much hooped at this point, and my buddy is ready and willing to fight this out to the end.

Thanks to everyone that has posted so far, regardless of what was said ! I'll keep everyone posted as new developments arise.

 

My dad won a vette on ebay the guy backed out it was a big deal wound up not being able to do anything about it. We contacted the police did everything but It didn't work out. My advice from experince don't bother. If you pay enough for a lawyer you might win it but how much would it cost?

 

The seller might be lame but I think your friend is more of a jackass trying to bully the guy out of his bike. Honestly, I dont see him even getting the bike. Its not your buddys bike. The guy still owns it and your buddy is going to sue him to take his property?

Quoted from Ebay itself
I bolded everything that I think applies. All that going to happen to the dude is hes gona get kicked off Ebay if that. Your friend is wasting his time.

What if I told you I sell you my bike for whatever the price but then I change my mind? What are you gona do? Sue me?

 

^^^ I appreciate your position, but a contract is a contract bud. You may think my buddy is trying to bully the guy out of his bike....the guy had ample time to stop the auction or even deal with this like an adult instead of being immature, and ignorant in his responses to my friend. And attitudes like yours is the reason we have to deal with stuff like this, if everyone thought they could back out of every deal they ever made....this world would be an even bigger mess. I mean as it is people think there is no consequences for their actions, and its ridiculous the way people conduct themselves in modern society.

And as for your comment about making a deal to sell a bike for a certain price, then backing out....yeah you could be sued if a formal contract was written.....and guess what, you'd lose! My buddy already offered the seller an extra fee (VERY VERY GENEROUS FEE) just to help out dropping the bike to be shipped, and the guy came back with an ignorant answer, so my buddy is now irritated with the whole situation more than anything.

 

Well when your buddy comes out empty handed I expect an apology.

 

Nauree, there are plenty of remedies for contracts...including specific performance which is an equittable remedy or of course monetary remedies....my contracts is a bit rusty...but take this for example....

You offer to sell me your bike for $1000....the fair market value of the bike is $4000....a valid contract is entered into, signed and whatnot...

a couple things can happen in a court of law...first being the judge can order specific performance requiring each party to fulfill their obligations as to the contract meaning I pay, you give me the bike...if you damage the bike, i can recover costs from you to make it right again...

second, if you refuse to turn over the bike (and if the judge doesn't decide to slap you with a violation of a court order)....he could order you to compensate me for your withdrawal from the contract....you would essentially owe me $3000....the fair market value $4000 minus less the amount you would have received $1000....if you think about this logically, this puts the parties in the position if the contract HAD been performed...

either way a court is not going to stand idly by and let a valid contract go unenforced just because you mad a bad deal....either you will be order to surrender the item in question upon payment by the other party, or you will have to compensate him as if the contract HAD been performed...

i would imagine a judge would award atty fees as well seeing as the party wishing to break the contract without cause is the cause of the suit....

 

Nauree as I said, I appreciate your comments...but I can guarantee I wouldn't apologize either way! I mean, I'm just as welcome to your opinion as you should be to mine, and if you're going to come in here just to put your 2cents in and not expect to have someone be opposed to your ideas....please keep your comments to yourself. I won't argue over this, I was just seeing what others thought of the situation, and not once did I attack or insult you.

Thanks