I feel the seller was somewhat deceptive; I probably should have paid more attention though. The seller is threatening to sue and attempt to get legal fees and everything else says i commited fraud. I am looking for a website that talks about legal issues with ebay of if any attorneys are paying attention that would be helpful. I wasn't to worried but I actually think this guy might try and sue me. Any info on legal precedent for this type of thing would help also.
2006-06-22 23:59:26 · 9 answers · asked by keith28 2 in Computers & Internet ➔ Internet
Hi,
I hope you'll listen to this answer because it is grounded in knowledge. Although some have answered that "No. He can't sue." The fact of the matter is anyone can sue anyone, over almost anything. Someone else tried to answer that someone can only sue "a financial burden or emotional burden that's irreversible or irretrievable without the court of law's help." That's not really accurate. What he is sort of describing is a tort, but that still wouldn't be even 75% accurate. Let me explain:
The two follow-up questions to the simple "Can he sue" are, "Would he win?" and "Is there a basis for the suit?" Let's take the latter first. The basis for the suit is grounded in his belief that you entered into a contract with him. The fact that it is electronic is irrelevant based on Federal Law, so disregard any comments suggesting that the fact that this is online has any bearing. A contract is a contract and you did, in fact, enter into one. Is the contract binding? Generally, yes. By joining eBay you agreed to be bound and by bidding you once again acknowledged the binding nature of your bid, agreeing to buy at a certain price. There was a meeting of the minds and a contract resulted. You may argue that there was no meeting of the minds, but to do so, you would (although there are other ways) probably have to show that you gained some knowledge of the item, after the auction concluded that was not *available* prior to your bid. It could not be something you missed or that was ambiguous, it would have to be actual new knowledge generally. So, YES there is a basis. In fact, it is this very basis on which a service, gaining a lot of popularly, called ReliaBid is based. ReliaBid helps sellers collect on bids, when necessary, through traditional debt collection services.
As to who would win in a lawsuit: nobody ever knows. However, a few things to consider. Any action for this amount would have to be brought in small claims court. It is highly unlikely that it would be brought. It is not unlikely that if you failed to show up, that a judgment could be entered against you. I doubt that legal fees would be awarded (I even doubt someone would retain or find an attorney to retain) for damages of this amount. It is possible that court fees could be assigned to whoever lost. So, who will win? Hard to say. But more importantly:
One thing brings me to believe that this person will not bring any action: he claimed his basis for action would be fraud. Your auctions do not constitute fraud. Your actions constitute a breach of contract. Clearly, he has a weak legal background and has not consulted an attorney. I'd guess that he is making idle threats. If he really cared about completing his transactions, he probably would have joined ReliaBid. Folks have taken other folks to court before, but my guess is that it won't happen this time.
I hope this has been informative and left you with some good decision making information.
DISCLAIMER: This information is not meant to constitute legal advice does not constitute legal advice or legal opinions and should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction.
2006-07-03 14:06:53 · answer #1 · answered by thejiba2000 2 · 1⤊ 0⤋
I highly doubt anyone with a reasonable mind would sue over a $20 item. He wont win in court and he would have spent thousands of dollars on legal fees so I honestly do not think he can do that.
Anyway, legally, he cannot sue. Ebay is an online auction and if the buyer does not pay, then the only thing a seller can do is contact ebay about it. If the buyer still does not pay, then he has the choice to leave him a negative feedback.
All sellers are risking something when they sell online. All he has to is contact ebay and tell them that you did not pay for the item and after a week, he gets his ebay selling fees back. He cannot sue, so dont worry.
A person can only sue in a court of law if the accused has caused a financial burden or emotional burden thats irreversible or unretrievable without the court of law's help. Ebay will return his fees so there is no point for him to sue. The courts will just laugh at him and send him away if he tries to sue you over a $20 item from an online auction. You should read ebay's terms and services. All sellers are taking a risk when they sell things online since its not a physical tangible store. The seller will get his selling fees back if he contacts ebay, so he should stop acting like a child.
2006-06-23 00:03:43 · answer #2 · answered by Sean I.T ? 7 · 0⤊ 1⤋
If you win an auction bid (ebay or anywhere else) you have entered into a legally binding agreement to purchase the item(s) offered at the winning bid price. This is an enforceable contract. OK, time for a reality check on both sides. While the seller could sue to enforce performance it's not likely that they would do so on a $20.00 item. Of course if they did it would cost the buyer far more than that to defend the suit. A judge could also toss the case as a waste of the court's time and/or order mediation. Looking at it from a pragmatic position, you can make the whole mess go away for a measly $20.00. It would cost you $50.00 just to consult with an attorney on the issue. Pay the butthead his $20.00 and write it off as a cheap learning experience.
2016-03-15 17:11:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
People on here seem to think that by not payiong for an item on ebay the seller has not lost anything. Fact is ebay does not refund the original listing fee and if you have to repost this item 3 or more times, it adds up. Also the time lost by listing the item for mutliple days at a time. You have entered into a contract by bidding on ebay and the seller in fact does have a loss if you do not pay. I believe more people should start to sue and get the purchase price and then some in the courts. That will straighten things out for sure.
2015-01-29 07:43:16 · answer #4 · answered by Robert 1 · 1⤊ 0⤋
im not expert, but id think he probably could if he really wanted to, ebays says a bid is entering into contract in which you agree to pay. but i doubt he will over $20... unless he's a dumbass or a psycho. now maybe he would do it if you bought a car or house or something else valuable... but he'll end up paying way more in court fees then getting his $20.
if you wanna get out of it, just offer to send him $2 or so to cover his ebay fees for the auction. maybe he'll back off and not leave negative feed back
on a side note though i really hate people like you who bid on something and then decide they dont want it, though i try to be honest and upfront about my descriptions so i dont have this kind of issue that often
2006-06-23 00:03:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Ebay Buyers Not Paying
2016-11-11 06:21:02 · answer #6 · answered by lemoi 4 · 0⤊ 0⤋
No that happened to me once too. They can block you from buying i think, but not sue you. Especially not for 20$. I believe there is a certain amt you can sue for.
2006-06-23 00:03:48 · answer #7 · answered by younggb77 4 · 0⤊ 0⤋
Wow, thankyou! just what I was searching for. I looked for the answers on the internet but I couldn't find them.
2016-08-23 00:24:28 · answer #8 · answered by ? 3 · 0⤊ 0⤋
This may be feasible
2016-07-27 03:10:33 · answer #9 · answered by Shelly 3 · 0⤊ 0⤋