crosskeystv

I won an ebay auction for a corvette this week. I was the high bidder and payed the deposit as requested in the terms of the auction. Now in calling the seller to arange pick-up of the car, HE REFUSES TO SELL ME THE CAR!!
What recourses do I have, isn't an ebay auction a contract?
Has anyone else had this experience, should I contact my lawer?
Anyone else been down this road?

Loren Smith

Hope it wasn't one of those $9,000 "buy it now" auctions with the hyjacked seller ID. File a dispute with Ebay, you might get some of your deposit back from their protection program. Plus, you are probably required to arbitrate with Ebay before you sue. Also, if you paid the deposit with a credit card, you could file a dispute with the credit card company as well. Good luck - sorry that happened.

Harps

As Loren mentioned, I hope it's not some type of scam. I would immediately be contacting ebay about it and filing a complaint with them, and then see where it goes from there.

What was the item number you won, or what was the year of the vette? Just curious.

Sorry to hear about this. Keep us posted on what transpires.

crosskeystv

The seller lives about 200 miles from me. I feel the auction is legit. Spoke with the person who owns the car, and now he feels it did not bring enough money. So it sold for less then he expected and after the auction ended he is refusing to sell the car.
I always thought an ebay auction is a binding contract between the buyer and seller and both are legally obligated. I want the car and will pay in full when I pick up the car. I made a $500 deposit via paypal, that is not a problem. I don't want to mention the auction # here because it looks like I will have to take legal action to get the car.
If you go to ebay and look up sold 2004 corvettes, you can figure out what the car is.
has anyone else had such a deal, and anyone have a good legal opinions I can take to my lawyer.

Mark_Milner

In many states, if you have something in writing (contract, bill of sale, whatever) and you have paid the deposit or the full sum, that car is yours.

If it is the deposit, you can't take the car until paid it full, but by the same token, the owner can't sell it because it is already sold.

Print out your eBay auction where you won, go with cash for the balance, and call the police if he refuses. Go in person. 200 miles is only 3 hours, and without a personal presence, you will be hard pressed to get it. In person, with the paper and the cash, and calling the police, it will be yours.

If you have a lawyer, call him now so that he can get the ball rolling before the guy sells your car. Of course, I believe if he does, you are entitled to that selling price, minus what you owe him.

* - Disclaimer: I am not a lawyer, have not been a lawyer, do not work for a lawyer, and so all advice I give cannot be taken as a legal recommendation. Please consult your own lawyer for legal advice.

Randy Emery

Crosskey,

I am sorry to hear about this deal. That sucks. A hard truth in the matter might be that if the seller has changed his mind, doesn't want to consummate, and is willing to return the deposit, contesting his actions would soon become inefficient. If he returns the money, you are not really damaged. Move on and find the better car.

But on the almighty scale of chicken sh-t, the seller wins the prize and stands on the top platform.

All the best to you.

capevettes

The Police will consider this a Civil Matter and cannot force the seller to relinquish the vehicle. They may accompany him to the residence but the sole function of the police will be as a peace keeping mission. The only recourse here is through E-Bay and/or an attorney.

If it's a 2004 Corvette it's nothing that can't be found somewhere else. I would consult with E-Bay and move on. It will be alot fewer headaches and less expensive. Good luck.

vetarun

The most you can do is give him a neg feedback and contact ebay and report him as a non delivering seller. They may or may not ban him from ebay. Oh, and get you 500 back of course.

Tiros

Your only recourse is civil court, small claims limit varies by state.
You have a contract.
There was offer, acceptence, and compensation.
In order to sue you will need to prove damages, and it seems your only likely provable damages are your deposit.
Unless you can get more creative

Loren Smith

If you want to get the car, you would have to sue for "specific performance". Perhaps the court would reduce the balance of your sales price for the car by the amount of your attorney's fees. But you would have to get an attorney to move quick, possibly by trying to get a TRO from selling the car, and it might be more trouble than it is worth. You would need to sue him in the state where he lives or where the car may be found, so you would want to get an attorney licensed in that state.

JohnFromVentura

Send a couple of guys over there and break both of his legs!

Kensmith

You might try the written contract theory but sellers back out all the time and may declair they didn't know better. Lots of reasons to back out. But I would contact EBAY and PAYPAL and get him removed from buying or selling. May also give the Internet Fraud Bureau (spelling) an email as they also are interested in these issues. If he is a dealer, he has lots to lose. If he is a salesman, the dealer is still responsible for his actions. If private party, you are probably out of luck other than getting your deposit back. Good luck!

al329

EBAY WILL NOT TAKE ACTION AGAINST A POWER SELLER!

Your are but a little fish..power sellers are whales. They generate all the listing fees. Ebay will ignore you. Yes its true that you have a contract and have put money down. But like other have stated...alll you can do it leave neg feedback.... and in the end no one will even read it.

I dont like it but if you really want the car then ask the f*#ker what he thinks is a fair price and negotiate from there. Kinda goes against the whole auction thing....but you really have no other recourse.

ctjackster

what Loren says is of course the correct answer, there are two types of relief one can seek in civil court, equitable relief and monetary relief, and when bringing an action to compell someone to live up to their end of the bargain and sell you the thing they agreed to sell, that's a form of equitable relief known as specific performance. Here, the value of the item at issue - a 2004 Corvette - would lilely exceed the small claims court limit, so you'd be in regular old civil court, which is not easily navigated by pro se plaintiffs (folks without a lawyer). You could certainly use a lawyer and sue for specific performance plus the legal expenses you incurred in the course of enforcing the contract.

Still a real PITA, might just want to get your $500 back and move on to the same exact car from another source. I'd also explore ebay's own enforcement squad, if nothing else it will result in a serious black mark on the seller's ebay record.

richbopp

One thing I did get confirmation from eBay was that if there was a reserve price set that was equal to fair market value, and the high bidder obviously was above that price, the seller can be forced to comply with laws of performance. But how you go about that is way beyond me so.........

send the name and address

my Jersey boys will take care of it for ya

Midyearnut

Crosskey,
I have to agree with the above, call the guy, get your deposit back, preferably (Overnight Mail) & move on.
Many times, I've seen things/deals fall thru & was quite upset/miserable. But, you know what? Quite often, later on, it turns out that it was a blessing in disguise & something better turns up!
Good Luck with whichever way you decide to go.
Bob L.
P.S. Just an after thought: In his state of mind there's no telling what he might do to the car IF he's forced to sell it to you.

63C2splitter

If he wants to be a ***** about it, you are better off to recover your deposit and go elsewhere. To fight it would probably be more frustrating than it is worth.

(My 2 cents worth)


Dave

Bowtyeguy

I would get the money back from Paypal, let them deal with the seller and move on. Its not worth the time and trouble. He can always say he changed his mind and is keeping the car. Would you really want a car that a Judge made someone give you? The car will have tons of problems when you go get it. You know he will scratch it and do other things to it. He doesnt have to let you look at the car before you pay him BECAUSE the auction is AS IS. He either had a change of heart or is a snake, but do you really want to take a chance on him messing with a car he HAD to sell you? I know it sucks but get your 500 back and move on.

Kensmith

I'm Batman

I doubt a 2004 Corvette is unique enough to fall into the realm of specific performance, unless it has some really unique modifications. Likely the buyer would get his deposit returned, and maybe the difference between the selling price and market value.