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Is a bid on eBay really a legaly contract for the seller?

Discussion in 'Legal Issues' started by maddog1993, Jan 3, 2010.

  1. #1
    Hello, as it says in my title I want to know if a bid on eBay is really a legal contract for the seller. I bid on an item and won, I did not receive it yet, but I already paid for it. I did however get a message from the seller asking for more money after winning the NO RESERVE auction :mad:! I asked the eBay help desk and got nowhere, they said that if I really wanted the item and the seller did not want to sell it to me I can ask them to cancel the transaction and they will step in and take over, it's been over a week and I haven't received any word from the seller or ebay, I called ebay several times and they keep telling me that my case is on hold awaiting action from the seller! What do I do now?!? :mad::confused::mad:
     
    maddog1993, Jan 3, 2010 IP
  2. hhsaus

    hhsaus Active Member

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    #2
    Whether it's a legally binding contract would depend on how the court sees it regardless of what eBay says. I am aware of a case where the court ruled the seller needs to honor the contract of sale with the buyer, as their ebay transaction was a legally binding contract, but only because of the specific nature of the item involved.

    Talk with your seller first. Then file an INR claim with eBay or PayPal (do it through PayPal if you've paid this way) if you two cannot resolve the matter.
    Or you can always send the seller a letter of demand notice. Or just ask the seller to cancel the whole transaction if it is all becoming too much (you should get a refund first ofcourse).
     
    hhsaus, Jan 3, 2010 IP
  3. RonBrown

    RonBrown Well-Known Member

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    #3
    If you've made an offer, the offer was accepted, and payment has been made then in most civilised countries it would be considered that a contract was in place. The seller cannot then unilaterally change the conditions of that contract once the contract is in place.

    However, whether this is worth pursuing is another matter altogether. The cost, the time, the hassle, and the effort it would take to enforce it may not be worthwhile. Sometimes just getting your money back is best solution.
     
    RonBrown, Jan 4, 2010 IP
  4. maddog1993

    maddog1993 Well-Known Member

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    #4
    I think your right, in most cases I would get my money back and be fine with it but it was a expensive (antique) item that was bid on, it was a really nice sword, oh well.... :( I suppose I should ask for my money back though it probably isn't worth it in the long run... If I did receive the item it would be by force and I don't think I would feel right doing that. I will open up a dispute with paypal. I just view the sellers page, and he is banned now. So I don't think there is much more I can do. Thanks for your input.
     
    maddog1993, Jan 4, 2010 IP
  5. tjs1954

    tjs1954 Well-Known Member

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    #5
    I would keep e-mailing eBay and tell them you want a refund because you never got it and the seller refuses to send it to you
     
    tjs1954, Jan 4, 2010 IP
  6. tjs1954

    tjs1954 Well-Known Member

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    #6
    Another thing you might try is filing a dispute with Paypal if that who you used to pay.
     
    tjs1954, Jan 4, 2010 IP
  7. DubDubDubDot

    DubDubDubDot Peon

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    #7
    Yes, it is legally binding.

    I know I've heard about cases in the US involving cars, but I can't recall the details. I'm almost certain the buyers won. There was also a case in Australia where a WW2 plane sold for $100,000 below value and the court forced the sale to go through.

    So did you win a $400 computer monitor for $30 or did you get a $60,000 Mercedes for $5,000? Is your situation really worth pursuing?
     
    DubDubDubDot, Jan 4, 2010 IP
  8. maddog1993

    maddog1993 Well-Known Member

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    #8
    Well I'm kind of half and half on it, it was a $1200 antique sword but, I can most likely get a refund through paypal. I really want the item for my collection but I guess I wouldn't be taking any real loss.
     
    maddog1993, Jan 4, 2010 IP
  9. mmerlinn

    mmerlinn Prominent Member

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    #9
    Per eBay's TOS both you and the seller entered into a binding contract. Since the seller has been banned, though, probably the most cost effective solution for you is to get a refund and walk away. Personally, I would rather you go after the asshole and nail his ass to the wall just to make him think twice the next time before he steals from anyone else. And, yes, he STOLE from you.
     
    mmerlinn, Mar 22, 2017 IP
  10. gatwickjames

    gatwickjames Active Member

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    #10
    i have been told, that if a user bids and the item is not as per listing, he/she does not have to pay

    example

    red bmw car, mot and all that stuff. But users wins bid and goes to see car, there is 3 big dents in door/ boot etc and not listed or in pics
    buyer can walk and wash his hands. NO contact
     
    gatwickjames, Jun 5, 2017 IP