Ok, I sold something on eBay, and a guy bought it with Buy It Now. However, right before he bought the item with Buy It Now I had sold the item to a friend. Now, he says we have a contract and he wants to buy the goods. He hasn't paid for the item, I told him not to pay. I told him I no longer have to goods to sell him. He says "I intend on keeping my contract, I will call you from my law office tomorrow". What can happen from this? Can anything happen from this? He can't really go to court over this right? He lives on the other side of the country.
2007-07-17 06:26:36 · 11 answers · asked by Entrepreneur 3 in Politics & Government ➔ Law & Ethics
wher he lives doesnt matter. if he didnt pay for the goods, he cant sue. if he does take you to court make this aware to the judge and counter sue him for traveling fees, time consumption and lost wages if you have a job.
Good Luck
2007-07-17 06:36:11 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Whoops...better hope your friend is willing to help you out and return the item...the buyer very much has a contract with you that you can no longer meet the terms of...(think of it this way...If the buyer used buy it now...then 2 days later said he changed his mind, found it cheaper or whatever...you are under no obligation to give his money back, because you entered into a contract in good faith)
Depending on the value...he may or may not sue you (if he does he WILL win, you agreed to sell an item that you didn't have, thus you have committed fraud in the eyes of the law)
Good luck! Most likely you will be able to work something out with the guy (Paypal/Ebay have various dispute systems setup) unless it is a unique item that can't be found anywhere else...(you can maybe find the same item...buy it from another seller and give either your customer or your friend that item...or maybe consider a refund plus 5 or 10 bucks to make the guy happy)
In reading various answers I noticed people saying if he didn't send you money...the key is he used Buy it NOW (not later) having used this service, the transaction is instantly completed...so he has indeed "sent" you money...fortunately contracts are two way streets...if he failed to pay you you'd most likely be pretty p.o'd so put yourself in his shoes...or say the hell with it contact paypal, refund his money...and close your ebay account...or take the negative feedback
2007-07-17 13:43:16 · answer #2 · answered by talismb 6 · 0⤊ 0⤋
Most likely the guy is bluffing and blowing smoke. I seriously doubt he is a lawyer. It's a ploy used by a lot of people to get their way. Keep all correspondence between you and him. Simply apologize and tell him the item was sold before you had a chance to remove it from eBay. I think the most he can do is report you to them. You can offer to replace it with a similar item if you have one, or simply get a nasty mark against you on eBay. Also, selling an item on eBay is not a legal, binding contract. The guy is full of soup. If he sends you the money regardless of what you have told him, return it with correspondence stating the circumstances. Keep copies. Purchasing anything on eBay is always a risk. Most things are placed there with good intentions. Anything can happen. It's in their bylaws. Check them out and send a copy of the bylaws to him.
2007-07-17 13:40:09 · answer #3 · answered by Darke Angel 5 · 0⤊ 0⤋
The buy it now option will get you in the end. The best thing to always do is a reserve price, that way if it does not pull in the money you want you dont have to sell it, or if in your situation, you can say he did not meet your bid expectation. Id contact ebay and pay pal. They can advise you as to how to handle such a problem. I do not foresee a law suit, the guy seems like a jerk. You will be penalized with a bad feedback.
2007-07-17 13:38:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In theory he could yes, sounds like to me. You screwed up selling the same thing twice, or failing to withdraw the offer from Ebay before selling the thing to someone else.
The question is whether the thing is valuable enough to start a lawsuit over. If it is, you may a have a big problem. Let it ride for a few days, see what happens, see if the guy is all bluff and bluster or if he really means to take legal action.
2007-07-17 13:33:28 · answer #5 · answered by ? 3 · 2⤊ 1⤋
You posted this exact question yesterday, why did you delete it and post the same exact thing?
As was said yesterday, as long as they haven't sent you the money for the item, theres nothing that can happen from it except get bad feedback from the auction. If he did pay, then refund him the money, it's as simple as that.
2007-07-17 13:35:20 · answer #6 · answered by Phil B 2 · 3⤊ 0⤋
You should have taken it off before you sold it to a friend. Looks like your account will be shut down with eBay if this is reported.
2007-07-17 13:32:52 · answer #7 · answered by ♥ Mel 7 · 0⤊ 1⤋
Well he can go to small claims court. and your account will most likely get shut down from ebay as a result of this problem.
good luck!
2007-07-17 13:35:26 · answer #8 · answered by Anonymous · 1⤊ 1⤋
give him a refund. He cant do anything if hes still got the money and the worst he can do is give you bad feedback. If you dont give the money back and he paid by paypal he can "file a claim" to get the money back. But if you have given it back you have got nothing to worry about.
2007-07-17 13:35:04 · answer #9 · answered by nickic2k 4 · 1⤊ 1⤋
You can take matter to court, and you seem to be on the losing end of this matter.
2007-07-17 13:35:57 · answer #10 · answered by jon_mac_usa_007 7 · 0⤊ 3⤋