Can you be sued for failing to pay for an auction on Ebay?

Question

I placed an order with a seller, a couple months ago, but due to several other issues, such as an election, eviction notice, legal issues in fighting the eviction, and problems with other bidders, I was told he was going to seek legal action against me, from Arizona, while i'm in South Dakota.
The main jist, is that while I placed the orders, they were never delivered, nor was any money sent, except for a 25 dollar deposit on the amount.
Now, here's where I am curious, Ebay has it's own policy in place, and if he's seeking extra damages, without product, then can I countersue for double jeporday? After all, I have been given a strike by Ebay, from the guy, and it would cost way more to drive or fly to Arizona, defend myself, and then pay to put myself up for a couple days...should I contact the Attorney General of both states?
Advice, legal quotes, or other information would be helpful. If I knew this guy was this big of a headcase, I'd never have looked in his store.

A good example of how I usually handle people who bid, and then don't pay, is usually try to contact for a week, give them a strike, leave negative feedback, and then block them from bidding. Last action, is to get the money back for the auctions won.
During the time I tried to pay for the item, I had an auction go south, for 3250 dollars....needless to say ,I was more than a little upset when that one tanked. This was over about 225 dollars in cards. One dealer.

Answer 1

Yes, it is possible to be sued for breach of contract. You should contact the administration at e-bay and get some guidance in settling the dispute. Not having the money due to other deals going south has nothing to do with your contract, and would not be a legitimate excuse. Since the item was never sent, it seems as if it can be worked out, but it does kind of put a smudge on your e-bay reputation.

Going to court is usually a last resort. Try to settle even if you lose some money.

Answer 2

Failing to honour a winning bid may be against eBay rules, but a winning bid probably does not create a legally binding contract so there is nothing to sue on. eBay is certainly not an auction within the legal definition so there will only be a contract if there is valid offer and acceptance. My feeling is that the eBay bidding process is simply a negotiation whereby the price is agreed and a pecking order of potential buyers established. As in a shop, the actual offer is made by the customer at the checkout. But even if there is a valid contract its probably not worth suing. In any breach of contract situation you have a duty to mitigate your loss. This means you must look for another buyer. You can then only sue for the additional costs of finding a new buyer, and any difference in price. eBay has procedures for making a 2nd chance offer if the original winner falls through, so your costs of finding another buyer will be minimal, as will the difference in price. Given the time and cost involved in legal action it just will not be worth your while.

Answer 3

dont no but you should be sure of what you are doing when bidding on items on ebay. Why is this such a problem normally its done through ebay and you would have got reported is it a house or something?

Answer 4

Yes he can sue you, but his award will only be enough to cover his actual losses, re-list fees, court costs, etc., minus funds already collected.

Actions taken by eBay don't mitigate losses, they are for future protection from future problems.

Answer 5

I think just let it go. Companies will say anything to get more money out of you.

Answer 6

Yes - you contracted yourself with your security deposit, sorry!

Answer 7

I don't think that they can sue legally neither you also.


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Answer 8

i Doubt it, not without Product

Answer 9

its a legal contract....you lose.