Ebay Buyer Breach of Contract

[wicked4u2c]

Well, it seems like all I have been reading here is about Sellers scamming buyers. I have something different to bring to the table and I appreciate any comments that are contributed.

Ok, So I was selling some tires on Ebay that are brand new. However, I used the pictures provided from the manufacture (Falken) in which they show their tire mounted on a rim. I write the specs of the tires and after that I clearly write "THE AUCTION IS ONLY FOR THE TIRES, NOT THE RIMS" and I also changed the font color to red with an underline to make sure that is was noticeable.

The auction ends at $945.00 and I get an E-mail from the buyer stating that he will be sending a money order and to make sure that I send the rims and tires because he spent a lot of money. I'm in disbalief to think that this guy actually thought that the tires were included. So I E-mail him back telling him that the auction clearly stated that the auction was ONLY for the tires. He writes back and tells me to cancel the order if I wasn't going to ship the rims with the tires.

I write back and tell him that he needs to pay for the item or I will take him to small claims court for breach of contract. He has the "Go ahead do it" attitude, I know I was very clear in my auction and wasn't misleading at all. I have seen other buyers also do the same as me and they have multiple positive feedback.

I don't think its worth taking him to court, most people don't realize how expensive things can get. My thing is, I want to call his bluff and show him that I am really going through with it to the point where I am even willing to mail an attorney's letter stating that I will be sueing him (warning letter).

What do you guys think I should do? Does anybody have a professional template letter that I can use to scare this guy and make him pay for it. I think its only fair since he is the winner of the auction and Ebay clearly states in their policy that the seller and buyer are binded through a contract.

Thanks in advance

 

[Duranie]

Technically you can sue him, you have to file where he lives, but why don't you just re-list the tires? I don't get it. Are the tires really worth 945.00 without the rims?

So it is obvious you think a mistake was made, it almost seems like you were trying to trick someone into this.

Sure, you can sue but you are also required to mitigate your damages, i.e, try to sell them to someone else.

 

[wicked4u2c]

Technically you can sue him, you have to file where he lives, but why don't you just re-list the tires? I don't get it. Are the tires really worth 945.00 without the rims?

So it is obvious you think a mistake was made, it almost seems like you were trying to trick someone into this.

Sure, you can sue but you are also required to mitigate your damages, i.e, try to sell them to someone else.

Sorry, I didn't give all the information. I have been selling tires for over 4 years the same way. These tires on E-bay go for more then $945.00. They are 22" so they cost $1,500 for all 4 at a store. So it's apparent that there was no mistake, my last auction on my feedback with positive of course ended at $922.00 just a little under what this last set sold for.

 

[Duranie]

I think you have determined that suing him is not worth your time, so resell them and leave some negative feedback on his profile.