Expert: Marvinator - 9/19/2006

Question
Well I bid and won an item on ebay, but the seller and I agreed to not go through with the transaction, he relists the item. Then he comes back and wants to take legal action for the difference in price of the auctions(i bid 2550, the other win bidder paid 2100) so 550 plus relisting fees he wants for his loses. Am I legally resposible for this amount, even after the agreement we had. I am willing to pay relisting fees but how about the difference in price, even though he could of used the reserve price option.  He is also wants to go on the tv court rooms shows. Does he even have a leg to stand on in court.  

Answer
I am not a lawyer, and let's state that at the outset, that I'm giving you my personal, Layman's OPINION.  I can see a couple of things which could protect you here.  But, before I go on, you dont' say why you bid and then did not pay. This is what he may be leaning on as his basis, since it's accepted that an Ebay bid is a legal contract.

However, you go on to say that he AGREED not to go through with the transaction.  This means you have the legal stance of being allowed out - in writing.  His emails should be clear on this.  

As for his whole process, he would probably be laughed out of small claims court.  He AGREES to let you out of a deal, AGREES to relist the item, he gets Less for it, and now says YOU'RE responsible for the difference?  The difference in what? Between a contract which has been made (2nd auction) and a contract which has been Cancelled?

I sincerely hope you kept all of his emails. Check them to be sure that the guy let you out of the  contract free and clear.  Make sure that there is no threat to come back to you, or any vague terms on his part.  This alone is what will protect you.  In addition, make sure that you learn how to print the emails with the Headers intact. The Header is what will can be used to identify these emails as coming from him. (His computer's IP Address can be traced to him.) Also check (or have a tech check this for you) to make sure that all the emails came from the same computer.  (Again, just backing up your stance.)

As for relisting fees, when a seller uses the RELIST feature in Ebay, and the item sells the second time around, the listing fee is REFUNDED.  So he's really out nothing out of his pocket.  (So long as he used the Relisting feature.  If he didn't, that STILL not your responsibility.  He, as the seller, and system user, should be aware of these things.)

If it were me, I'd politely point out how the guy's emails let me out of the contract.  Tell him there is no legal stance, or precedence. If he still wants to go on some TV show, tell him to go alone.  YOu have no responsibility anymore in this once he let you out of the deal and he did let you out, inequivocally.  You can even quote his emails where he says he let you out.  Don't get into an arguement here, you want to bring it to an end. Be polite, don't resort to calling him names and stick to your guns.  'He let you out of a deal, how can there be any recourse once the contact is cancelled?' This is the clearest you can be. If he continues to email you, consider blocking him and don't respond to any other emails.  

Now, speaking of what I know of the law process, he could probably sue you in Small Claims court since they really don't ask for legal briefs in such cases.  Here you would simply represent yourself, using your emails as your proof of being 'let out' of the deal.  If it ever gets to that, you may want to get a legal opinion from a lawyer in your state. (By the way, if the two of you live in differing states, I'm not sure he can sue you in small claims court easily.  Check with both your local courts AND the courts in his city to see how this works.  A phone call or two can really help you rest more easily.)

I don't think he will find a lawyer who will take the case (which is why he wants to go on one of those TV court shows) and as I stated above, I'm not a lawyer, but looking at the evidence (the cancelling of a contract by both parties) he really has no leg to stand on.