I had a lot of stuff up on Ebay for a buy it now of $300. The sale ended with no takers - it was a pick-up only sale due to size. A guy emailed after and said he could come and pickup Tue. or Wed., but would let me know on Mon. He offered $200. I said that was fine and took the deal. Mon., I didn't hear back. Monday night, someone emailed and offered $250 and they live locally. So I agreed, they came and got the stuff and paid. I emailed the other guy and told him since I hadn't heard back, I sold to someone else. He informed me that I wasn't required to hear anything from him since he already said he'd come Tues. or Wed. and that I'd be hearing from his attorney.
Since no money ever changed hands, could he really sue because I didn't follow through? I can't imagine a lawyer taking the case!
2007-01-16 05:09:32 · 29 answers · asked by piratemoviepage 2 in Politics & Government ➔ Law & Ethics
That's a tough call. I mean...he did agree to buy the items..Maybe you should have given it another day or two.. Or at the time of the agreement if you would have atleast said "If I get another offer and don't hear from you ON monday, I'll have to sell the items to someone else.
IT's a little extreme taking it to court, I doubt he will..and he won't win.
2007-01-16 05:19:33 · answer #1 · answered by James Dean 5 · 0⤊ 0⤋
Don't worry...what can he sue you for...if he is willing to pay an attorney more money than the items lost the guy is a dufus...Did you make an agreement that the items will only be on hold for a certain amount of time? And yes verbal agreements in certain states are legally binding so you might want to check with your State laws. If so then yes he can sue and yes possibly win in small claims court.
Also, next time you should notify the guy that you will sell the merchandise if you don't hear back from him within a certain time frame (reasonable). I do admit what you did was kinda sucky on your part...and he yes should follow through too...Also, what then was your purpose of e-mailing the guy once you sold it? Just to rub it in his face that he didn't get it? Next time use your head when dealing with these matters....common sense goes a long way...but common sense doesn't seem to be to common.
2007-01-16 05:23:51 · answer #2 · answered by mailjunkie123 3 · 0⤊ 0⤋
No money, no contract, just a verbal?
He said he would let you know on Monday... That contact would have solidified the deal and I would keep the e-mails as defense in the off chance that a lawyer will help him sue you. Without a change of cash of goods, there is very little chance that he could successfully sue you.
I would check with a trusted attorney to be sure. Mine would say "Do not worry about it".
2007-01-16 05:16:19 · answer #3 · answered by talons_pryde2000 2 · 0⤊ 0⤋
I doubt he could win the case, but you can be sued for anything. Also, I'm sure he could find a lawyer that would take the case, but that the retainer to hire said lawyer would be more than value of the stuff you sold. Allthough a lawyer might not take the case since it's such a small amount of money. I don't think I would worry much about it since he never got back to you.
2007-01-16 05:15:35 · answer #4 · answered by maigen_obx 7 · 0⤊ 0⤋
I'm not a lawyer, but I don't think he'd have successful lawsuit. Such a small amount of money doesn't seem to be worth a lawyer's time. Confusion like this is one reason eBay cautions buyers and sellers from making sales/deals outside the auction.
2007-01-16 05:17:32 · answer #5 · answered by Andrea 3 · 0⤊ 0⤋
no he cannot. this deal was done and agreed to outside of ebay and he said he would be there monday and didn't call so in essence he voided the verbal contract (if there even was one) and there is nothing in writing. he is just irritated and blowing smoke, if he is stupid enough to sue you over $200 dollars worth of merchandise he didn't even pay for then let him. he will lose more in attorney's fees and you can turn around and sue him. any attorney worth his/her license would laugh them out of their office. one thing though you can sue anybody for anything but proving it is a whole other issue and if you don't have the facts or info to back up your claims the judge can get pretty ticked about a frivolous lawsuit like this (if the guy carries out his threat) if i were you i wouldn't worry, the guy is just messing with you.
2007-01-16 05:16:49 · answer #6 · answered by ?! 6 · 0⤊ 0⤋
No.
First of all, this is not a valid eBay transaction, so you can keep them out of it.
Second. Keep the email referencing the Monday night deadline for the confirmation. If he did not call (dead cat, flat tire, earthquake, etc.) it's his problem. He did not let you know Monday night, so you sold it Tuesday, because of his neglect.
If he get's an attorney, he's going to spend more on attorney fees than the $200.00 and no good attorney is going to waste their time. Forget about him.
2007-01-16 05:23:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No contract was ever formed. The three componenets of a contract are offer, acceptance and consideration. If you had received something -- a deposit -- you would be in breach of contract. You have nothing to fear. If he had rented a truck and shown up, I might have considered reimbursing him to the maximum of the $50 difference, but once the word lawyer came out, that thought would have ended.
2007-01-16 05:22:26 · answer #8 · answered by novangelis 7 · 1⤊ 0⤋
more of that sue sue sue mentality. Look in the phone book under Lawyers ,some of them have a service where they have no charges as to questions. better be safe rather than sorry. If he is willing to sue for 200$ the guy is an idiot.
2007-01-16 05:20:40 · answer #9 · answered by derivedfool 2 · 1⤊ 0⤋
No he can't sue you for that. It would be the same thing as you calling a store and asking them to hold a item for you...but when you got there it was already sold. You cannot sue the store for it...you can refuse to go back because of poor service but that's about it.
People will tell you they are going to sue you for ANYTHING.
2007-01-16 05:22:12 · answer #10 · answered by Mr.Robot 5 · 0⤊ 0⤋