Expert: Suzie Eads - 5/15/2009

Question
I made a motorcycle purchase. It has been 11 days and the seller has refused to return my calls or emails. Befor the end of the auction the seller agreed that I could pick the item up on the next weekend and pay cash.
I would like to see in writing the binding contract that I could use in small claims court in an attempt to puchase and take possession of the bike which I won on Ebay.
I know it may be a hassle, but I won and would like to complete the transaction even though the seller has not returned any contacts.

Answer
Guy;

What you have is a Non Selling Seller and it is against eBay rules to do this to a buyer. You say that he agreed to you paying him in cash, and picking the motorcycle up on the weekend, did he do this via the phone or email?  Simply buy you bidding and winning the item that is your contract.  If you have his agreement in writing (email) of pick up then I would think that would be all you need for proof.  This being said, I don't know how you can make someone sell something to you.

If this were my transaction, I would email him, asking him to let you know when you can pick up the motorcycle.  Give him 3 days to respond.  If he does not, I would proceed through eBay's Non Selling Seller process. More information on it here: http://pages.ebay.com/help/policies/seller-non-performance.html  To start this process go here: http://contact.ebay.com/ws/eBayISAPI.dll?ContactUsNextGen

Unfortunately, I'm not sure how anyone can make him sell this motorcycle to you.  If you take him to small claims court, it will have to be in his county, and there could be some extra cost to you in travel.  Is this worth it to you?  

Another look at this, and your seller could have had a family emergency.  If he won't answer his phone or email, you can check to see if he has listed any new items or left feedback for anyone during the last 11 days you have waited.  

Good luck with this, let me know how it turns out.