eBay and Contracts - Saab General Bulletin Board - Saabnet.com
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eBay and Contracts
Posted by WASSAAB (more from WASSAAB) on Mon, 3 Nov 2003 18:19:00
In Reply to: Not Saab, but car (buying on Ebay) related, matt 94 aero, Sat, 1 Nov 2003 08:14:33
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real deal attorneys, feel free to step in an correct me at any point...
But an eBay auction creates a binding contract that cannot be broken unless there is a valid reason for doing so (such as mutual mistake). Just because the auction did not fetch enough $ is not a justifiable reason to breach this contract. Indeed, the seller would be claiming breach of contract had someone bid it up to $50k and then refused to pay.
Unfortunately, the laws in practice on this are not very helpful. The Federal Trade Commission has an online fraud department, but they are so flooded with cases like this that it is a joke to file a claim with them.
Ebay itself will be the best source for resolving the conflict. The likely result will be that the seller's privileges will be suspended (and probably only temporarily).
Of course, if the buyer had secured financing to purchase the car at a cost to him, then the dealer should be liable for those costs under promissory estoppel, which means that the dealer cannot say in court that he did not have an auction that ended with this buyer and at this price because of the promise he made to sell the product as advertised.
Just an educated guess....
Mike, 1st Yr law - UMD
88 SPG
95 Aero
00 Aero (purchased on eBay) :o)
posted by 138.88.33...
Posts in this Thread:
- Not Saab, but car (buying on Ebay) related, matt 94 aero, Sat, 1 Nov 2003 08:14:33
- eBay and Contracts, WASSAAB, Mon, 3 Nov 2003 18:19:00 <-- Viewing This Message
- This dealer violated the auction rules -- you should..., Saabing in KS, Mon, 3 Nov 2003 08:35:35
- Easy solution... run Carfax on the VIN..., VictorVector, Sun, 2 Nov 2003 18:25:55
- if you can't walk the walk...., mark, Sat, 1 Nov 2003 09:55:13
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