Four years ago my husband and I listed an airplane on e-bay as an auction with buy-it-now option. A buyer used the buy-it-now option. To my knowledge that should have been a legally binding contract.
The 'buyer' put down a $1k deposit. He didn't buy the airplane and then turned around a sued us for the deposit back and for wire fraud. We had to defend ourselves against that and also filed a counter suit for the difference between his buy it now agreed price and the lesser amount we were later able to sell the plane for.
The wire fraud charges were dismissed, but the judge in Tenessee ruled in favour of the buyer- that we had to pay back the deposit. The reason given by the judge (in short) stated that we should have broken FAA and Federal laws, to fly the airplane, as requested by the buyer and that because we failed to do so then the buyer had the right to back out of the sale. We challenged that ruling in the local appeals court and the same result was given. Our lawyer was so dismayed at the decision that he filed with the state appeals court free of charge. The state appeals court refused to hear the case.
Is there anything that we can do? We are out over $20k because of this non-paying buyer and it seems no-one will look at the reality of the original ruling. How can it be deemed reasonable to expect us to break federal law to satisfy the buyer and ignore that fact as the basis for ruling in favour of a non-payer who broke contract?
We tried to do this through the justice system but it doesn't seem we can be heard... I hate to sound like a 'whiner' but my family has decided that we won't live in a country where this type of 'Home Cooking/ good old boy system' is allowed to rule (Our attorney's words- not mine!)
I would like to think that there is something we can do?
The 'buyer' put down a $1k deposit. He didn't buy the airplane and then turned around a sued us for the deposit back and for wire fraud. We had to defend ourselves against that and also filed a counter suit for the difference between his buy it now agreed price and the lesser amount we were later able to sell the plane for.
The wire fraud charges were dismissed, but the judge in Tenessee ruled in favour of the buyer- that we had to pay back the deposit. The reason given by the judge (in short) stated that we should have broken FAA and Federal laws, to fly the airplane, as requested by the buyer and that because we failed to do so then the buyer had the right to back out of the sale. We challenged that ruling in the local appeals court and the same result was given. Our lawyer was so dismayed at the decision that he filed with the state appeals court free of charge. The state appeals court refused to hear the case.
Is there anything that we can do? We are out over $20k because of this non-paying buyer and it seems no-one will look at the reality of the original ruling. How can it be deemed reasonable to expect us to break federal law to satisfy the buyer and ignore that fact as the basis for ruling in favour of a non-payer who broke contract?
We tried to do this through the justice system but it doesn't seem we can be heard... I hate to sound like a 'whiner' but my family has decided that we won't live in a country where this type of 'Home Cooking/ good old boy system' is allowed to rule (Our attorney's words- not mine!)
I would like to think that there is something we can do?
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