Can I get sued for not paying for an ebay auction I won "the item was only 20 dollars"? Looking for legal info

Question

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.
This is more of a principle issue than anything because the guy has been such an a** through the whole thing. The guy states:
"The use of the internet to defraud or deceive willingly and maliciously deceive is unlawful and criminal. A complaint of internet fraud will be filed with the United States Attorney General’s office. By you signing up with eBay to bid, you agreed to the terms and conditions of the buying and selling of products. By bidding, you placed a legal contract to buy the items you bid on of mine. etc."

Answer 1

Here's a link for you to check out on eBay's web site.

It's the Security & Resolution Center. Read over all the options there and if anything fits--click on it.

There used to be an area called SAFE HARBOR, but I just tried to find it ---ANYTHING about it and it's nowhere to be found!

The closest thing I could find for you was CUSTOMER SUPPORT. (Link #2)

Ah!!! A little digging and I finally found SAFE HARBOR. It's now a part of the message boards, so go to the 3rd link and start reading over the questions. Maybe someone else has gone through the same thing!

If you can't find an answer, log into eBay and post your own question. Sometimes a 'pink' (eBay employee who watches the boards) will give you an answer--but usually it's just other eBay'ers.

Best of luck!

Answer 2

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.

Answer 3

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.

Answer 4

Yes the seller can sue you. That said, this matter will go into small claims court. In small claims you don't need a lawyer, most often the parties represent themselves. If the seller still has the item in question, you are only liable for his losses - that is to say you are not responsible for the full value of the item ($20) but you are liable for his e-bay fees and the difference between your bid ($20) and whatever this person actually sells the item for. Additionally Ebay has a "non-paying bidder" policy which basically means that if this seller reports you to Ebay for not paying then they will refund him his seller's fees. By law he has to take this step, it's called 'mitigating his damages'. So in effect, yes this guy could sue you but it's going to require a LOT of legwork on his end (and more up-front $$$) and he's not going to get much out of it. Now if you felt his auction listing was deceptive you can use that as a defense in court. If you successfully argue that then he is out all the $$$ for court plus the $2-3 that he's potentially going to win by bringing about this suit. You may also want to check the laws in the state this seller lives in. Most areas have a minimum amount that a person can sue for. Basically it sounds like he is just blowing off steam. I wouldn't be too worried about it. Write him back, tell him that if he wants to sue you then you expect him to mitigate his damages by filing a non-paying bidder report for this listing and by reselling the item in question. Explain to him that you felt his listing was deceptive and give the reason why. If you do check his local jurisdiction and find out that in his state the minimum amount a person can sue for is say $50 you can include this information in your e-mail. If you sound like you know what you are talking about I think he'll just continue on with life.

Answer 5

You should have read the terms and conditions before you clicked to sign up with eBay and yes, he can hold you responsible. Bidding on an item is considered entering into a binding contract. It even tells you that as you are bidding.
Seems to me that YOU are being the *** here.
Ebay can be a fun place to shop, sell and trade and it's people like you that take all the fun out of it. Just pay the guy and watch what you're doing next time, that is, if eBay hasn't closed your account by then.

Answer 6

Why would anyone want to sue over $20 bucks? It'd cost way more than that to do it. Do you both live in the same state? Anyway, it'd be small claims court and just show proof of his "alleged" deception. (Notice the legal term thingy) If it an item send it back to him, if a service you have to fight it. I bought a camera once on ebay and canceled payment on the check due to the camera not even having all its parts. I sent it back, ebay was mad at both of us, but I still had my money. ebay isn't going to file a suit over $20, if they do it'll make the news. Have you priced an attorney lately? Like I said, send whatever it is back, you can't keep it without payment. Or pay the $20 and let him feel like a big man, and rate him or is service the lowest rating possible.

Answer 7

Bidding on an item is definitely a contract to pay. If he lied in the posting or if the item is in any way different than he described it, you can be refunded once you get the item, but you agreed to pay when you cliked on the little button. He can't actually sue you for only $20 though, aside from in small claims court. Just pay him the $20 and avoid the hassle.

Answer 8

I thought the question was a joke, but the surprise punchline came when I read the replies. Sued, Not Even. eBay has protection from sellers like this. It is absolutely unprofessional and against eBay Policy to threaten a buyer to pay. If you can send proof of his threats(email,etc) he will be the one with a negative. All of you that said," just pay", I got one word "sheep".

Answer 9

It seems that paying the 20 bucks would be a lot easier than worrying about being sued. I would just pay it and consider it money towards higher education.

Answer 10

ur not gonna get sued....my god

the worst thats gonna happen will be some negative feedback, possibly an unpaid item dispute being filed (which doesnt do jack schitt) and a really pissed off seller!