Sue eBay Non-seller ??

[bla25s]

Hi all !

Here's the scenario...

I saw a listing for a car with an opening bid of $1000 & no reserve. According the the listing, the title was clear. In addition, the seller had the auction listed as you had to email them to be a pre-approved bidder on it.

I emailed the seller to have me added to the pre-approved bidder list. The seller responded "Let me know your best offer".

I replied that I would bid up to $9k for the car. The seller added me to the list.

I was the only bidder on the auction & therefore the auction ending price was $1000.

Now the seller won't sell me the car for $1000 because it wasn't enough money for the car.

Of course, eBay & square trade won't help.

I was reading the opinions on in this forum & it looks like if I purchased the same model of vehicle from another buyer, took this guy to court, I could be awarded the difference back from him? I'm in Illinois & he's in Missouri.

Thanks in advance !

 

[Michael Wechsler]

Hi all !

Here's the scenario...

I saw a listing for a car with an opening bid of $1000 & no reserve. According the the listing, the title was clear. In addition, the seller had the auction listed as you had to email them to be a pre-approved bidder on it.

I emailed the seller to have me added to the pre-approved bidder list. The seller responded "Let me know your best offer".

I replied that I would bid up to $9k for the car. The seller added me to the list.

I was the only bidder on the auction & therefore the auction ending price was $1000.

Now the seller won't sell me the car for $1000 because it wasn't enough money for the car.

Of course, eBay & square trade won't help.

I was reading the opinions on in this forum & it looks like if I purchased the same model of vehicle from another buyer, took this guy to court, I could be awarded the difference back from him? I'm in Illinois & he's in Missouri.

Thanks in advance !

Sorry to hear about the ebay problem but it's not unusual. Technically for a breach of contract you can potentially go two ways -- (1) sue to obtain the car (2) sue for the damages. Potentially you could be awarded the "benefit of your bargain" since you had a valid contract. Do note that if you go to small claims court you would probably need to file in Missouri and you would also not be able to get the full difference in the amount of the auction bid and the damages since most small claims courts don't hear cases for more than $5,000 in damages (although some do.) What makes it so easy for people like the seller is that the cost in time and money to sue for this breach makes it very challenging for the victim. I wish you luck and let us know if you decide to go after the money. Filing doesn't cost you much and if you can have someone local do it, perhaps it will jog the seller... although I wouldn't keep my hopes up.

 

[bla25s]

I would want to sue to get the car.

Any idea on filing fees?

Who could I get locally to do it? Small claims = no attorney ?

 

[Michael Wechsler]

I would want to sue to get the car.

Any idea on filing fees?

Who could I get locally to do it? Small claims = no attorney ?

Small claims will not allow you to get the car, only money damages. Filing fees are minimal, usually somewhere around $10 or so and it varies by jurisdiction. To get the car you would likely need to file in the state's civil court. Filing fees could be a few hundred dollars and take more time to litigate.

 

[bla25s]

I'd be willing to go to civil court for the car..... according to NADA it's worth $9200, but my winning bid was $1k.

What do you think my odds of winning the case would be? If the seller plays dumb - isn't ignorance no excuse???

Even if a lawyer cost me an additional $1k, i'd still have only $2k out on a $9k car.

I guess my only other concern would be if the disgruntled seller did something to it - possibly harder to prove.

 

[PulledOver]

Missouri Small Claims Limit -- $3,000

Any person or business with a civil claim that does not exceed $3,000.00 may bring a suit in small claims court. The $3,000.00 limit does not include court costs and interest on the $3,000.00 which the judge may award you. You may still file a claim if the amount exceeds $3,000.00. However, if you choose to do this, you give up your right to claim any amount exceeding $3,000.00 both in your present suit and in any other claim involving the same person or business and the same issues.

You chance of winning has much to do with how well documented your communication is with the deadbeat seller and whether you are represented by an attorney. You should save all eBay auction information while it is still posted on eBay. Save all emails, etc...

In Missouri, between Small Claims Court and Circuit Court (claims for damages in excess of $25k), there is Associate Circuit Court (claims for damages not to exceed $25k). Associate Circuit Court filing fees are much lower than Circuit Court (filing fee and service of summons by the Sheriff in St. Louis County is $53.00 total, for example) and cases are quickly moved to trial in Assoc. Circuit Court.

There is no question that it is best to retain an attorney. Representing yourself in a case like this makes about as much sense as being your own surgeon and operating on yourself to take out your own appendix.