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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 - 10/20/2009
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.
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