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You are here: Experts > Shopping > Online Shopping > Buying & Selling Thru Ebay & Other Auctions > bought an item now seller will not sell what do I do
Expert: Marvinator - 10/21/2009
Question
QUESTION: I bought a bus on ebay sent the seller $550 deposit which was agreed on and then I was suppose to pick it up on November 20th and give him the rest of the money in person. Now he sent me an email stating:
It appears I will be unable to sell the bus to you (at this time at least). I will be returning your downpayment, uncashed, unopened. I am in the middle of a divorce and my wife caught wind that I was selling the bus and threatened to have me held in contempt for selling marital property. She had previously expressed no interest in the bus, but now says she wants it. My divorce "should" be finalized in a few weeks... October 22 marks 120 days since we filed, and so the final hearing will be scheduled on that date. I can contact you after that is done to see if you still want it (assuming I still have it) at that point... it may still be before you were going to come.
However he had this listed on Craigslist to and I contacted him with a different name and email to see if he would sell it to me for the $2000.00 that he was asking and he said he would and I could pick it up this weekend. I won it for $1225.00 with no reserve but now he wants $2000.00 he is sending my deposit back but what can I do I am upset.
ANSWER: In the long run, getting your money back is the best you can hope for. Here's why.
Although Ebay is considered a legal contract, it would cost you two to three times as much money to get a lawyer to write the guy telling him he is in breach of contract. THEN if the guy continues to 'not sell you the item', the lawyer would charge you more to got to court. In the long run, getting your money back will cost you much much less.
This does not mean you are without recourse, though it may be of little use. File a report with Ebay on a Non-Performing Seller. (Available on the Site Map) DO NOT file until you have your money returned and in your hands! This report will alert Ebay that this guy is not on the up and up and will open a dispute. You don't need to go into the whole 'Craigslist' scenario, but simply point out that that guy has not delivered. If the seller comes back with the 'divorce' story, then you can bring up the Craigslist listing as proof of his duplicity.
Even if you do file with ebay, there is no way that Ebay will go to bat for you to get the item sold. As stated, the best you can hope for is to get your money back in full so that you can use it on another item later.
I hope this has helped.
---------- FOLLOW-UP ----------
QUESTION: OK I understand that it would cost a lot of money for the lawyer but I am wondering if it is worth it just on principal. I do not think it is fair for people to get away with this. Do you think I have a chance in court or do you know of anybody that has taken it to court? Its not that I even want the stupid thing anymore I am so mad that I had to deal with a jerk. I would like him to have to pay for what he did and let him know it is not ok. Do you know what my 1st step would be to take him to court? Do you think this could be something that went to small claims court or would this have to go to a bigger court?
Answer
No, I have to admit, I've met no one who has taken such a seller to court. Let me suggest why. In order to take theseller to court, you would need a lawyer who was listedwith the bar both in the state where the seller resides AND in California. Since Ebay is in California, all contracts fall under California state law. Now, since it is near impossible to find a lawyer who is listed in both CAlifornia and coincedentially the state where the seller lives, you'd end up spending an addiitional amount for a 2nd lawyer, as well as the communications between the two. Then there is the travel expense that would be needed for you to show up in court. All for the hope that the courts would side with you.
I can understand your anger. But don't let his jerk's actions make you spend good money just to 'teach him a lesson'. Consider filing the Non Performing Seller report and be sure to follow through. If only four other buyers file the same report against the same guy, he will be kicked off ebay. THERE can be your vindication. Keep your money, and let ebay do the rest.
One last thought. According to ebay rules, you CAN leave this Jerk Seller a Negative Feedback. HE on the other hand, cannot give you a Negative comment at all. I'd consider a terse Neg something like "SONG AND DANCE, REFUSED TO SELL, ITEM STILL LISTED ELSEWHERE - JERK SELLER"
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