I won an auction on ebay for a hot rodded 1970 Buick Estate Wagon item # 4562771971 the starting bid was 5000 and there was no reserve. I won the auction and now the seller sent me an email saying: Sorry to tell you this but the car was sold before I listed it on ebay for the full asking price not your measely bid thanks. What can I do to get the car? Ebay seems to be of no help, can this guy do this? Thanks
ebay Document all the bids and the offer. Then take the documents to a lawyer and sue the guy and ebay for a breach of contract. [probably in federal court] also file a complaint with the federal trade commission. :Smarty: I will bet you will get some money out of it , If you actually file. You cant sling a cat without hitting a lawyer, so there is bound to be one that will take your case. :Brow:
Doc If there is diversity of citizenship of the parties betwen states the amount in controversy does not come close to the minimum necessary under 28 USC 1332 for an action in ferderal court. It is not a matter that the FTC will get invoved in unless there is a patterrn of this being doneby this person. Herb Yes, you can bring an action perhaps in Mass under the Mass long arm statute. If you obtained a judgment it would have to be sent to his state for enforcement assuming he has no asset in Ma. Another alternative is to bring the action is his state. As for the car it is not likely the subject of specific performance assuming he still has it. It is most likely that you are talking about a claim for damages. Now there is always the chance that the mere bring of the action might cause him to complete the sale if he still has it. If a BFP has it no dice on that. It is going to cost you and may not be an action for which theses costs can be taxed against the defendant.
Ebay I would pursue this one but I would guess after reviewing the auction that the seller was not getting the numbers he was looking for so instead of selling it to you he said it was sold. I'm not saying this is what happened but I would file a complaint with Ebay and pursue this. BTW that is a COOL wagon and it belongs in your driveway!!! AL.
At least you can leave bad feedback, also, ebay should do SOMETHING as it is not stated in his ad that he has the right to terminate the contract should he sell it outside of ebay. Does he not understand ebay? He called your bid measly, but even if you had put in a bid for 10,000 dollars, you were the only bidder, so it wont go up from his starting price.
My sons and I use E-Bay alot to sell cars..............if you have a problem............move on.............they won't help you at all. As far as suing, there too big..............forget the car and look for something else. MY 2 cents!!!!!!!! TUFBUICK
Ebay Eric, that was what I was looking for and it was not there!!! You can refuse the sale but as you posted it needs to be posted in the auction!!! AL
I have to agree with Ron. If you still have your money, but no car, you just got a bad experience, but without having to actually pay for it. Most lessons aren't free :TU: If he DID take your money, I'll help you get a rope and find a sour apple tree with a good thick branch about 10' off the ground
Ebay Ron, I still think it's a good idea to report this to keep this guy from doing this ovew and over again, but the guy is a "newbie" and will just reply under a different user name :af: , AL
Well you can get away with that but you must state it in the auction that the car is for sale elsewhere and the auction could end at any time. But he said to you that he sold the car even before listing it on Ebay. So it sounds like a scam. But beyond that he is as much obligated to sell it to you as you are to buy it from him. I would write every section of Ebay. Get in the user help forum and make a fuss. If he sold it before even listing it. That is fraudulent sale.
By the way the seller is in Mass also, does this help me at all? He has the car listed in a local swapper for 9995. He said in his email he sold it for the full asking price, I won the car @5k does this mean I can take him to small claims court for the difference? Thanks for your help.
why is everyone so damn sue happy now days? You are not out any money, so what is your loss? Be thankfull that you still have your $5K and move on.
Hey kwanderi I am not sue happy I just want the car I bought. Is that asking too much? Apparently some people dont have values/morals anymore I do!
Each state has its own jurisdictional limit to small claims court or the equivalent. I do not know what that is in Mass. You can call your county's Clerk of Court's office and find out. The measure of damages in this case would be your expectation interest-- meaning the difference in your agreed upon price and the true fair market value. The true market value is likely to be what he sold it for later to another person.
If the moron was so worried about your "low" bid, or even didnt like what he saw and decided to tell you a lie about selling it already...then thats what setting a reserve is for. I cant see the ad at work (blocked), so I dont know if he did that. You didnt loose any money, you might end up spending more just to end up with nothing. Move on.
Its not sue happy when someone breaks a legal binding contract. NO matter who broke it, the buyer or the seller. Both have the legal right to enforce the contract of the sale. I would not wait to long though to take action. Longer you wait the wose it gets.
Small claims in Ohio is a $5000 limit and only cost $50 to file. Easy to win if the other guy never shows. Collecting is the hard part. But a $5000 lean on his house will bite him in the butt when he tries to sell.
Excuse me Mr. bostongsx....but I have looked at your listing of cars and it does'nt seem to me that you should be so worried about a lowly Estate Wagon when you've got a GSX and a GNX and these Verts, etc...etc.... I'll bet you drive around in a shitty red pickup truck or something.....Geez, give this poor guy a break!
