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blue_eyes777

Ebay seller refunds money without request - breach of contract -remedies???

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Hi all.

I bought an item on ebay ( buy it now) and the seller promised delivery for today.

It did not come today so I expressed my disappointment - naturally.

 

He then, refunded my money via paypal and tried to cancel the ebay tranasaction ( I refused). I even sent him an email before he refunded the money saying I still wanted the item.

 

I paid the money - we had a contract - what are my remedies? Surely he is in breach. I really need this item - it is a perfect spec for what I need ( a projector screen)

 

You may say - what's the problem, you have your money - but I really wanted it!!!

 

Can I sue him?

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Not sure if you can sue him as he refunded in full.

Is it possible for you to contact him again enquiring what the hold up was.

( may be that he's sold it privately ( not on ebay ) for more than you sent him, therefore he refunded yours ).


Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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The OP hasn't said which country s/he is in. Laws will differ it is was the UK and the seller was running a business, it should be possible to sue for loss of bargain.

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Theoretically you could sue for specific implement. If you are in Scotland the action to be raised is one ad factum praestandum. This would allow you sue for a remedy other than a financial one.

 

However, given that the primary remedy for a breach of contract is damages, then that would be the cost of sourcing the item elsewhere for example, plus any associated costs. Given that you have had a full and immediate refund, I cannot see a court being especially sympathetic as you have been put back to your original position (although technically you should be in the position that you would have been had the contract been performed)

 

It could be that he doesn't have it any more and any action to sue may prove pointless.

 

I think you should take the refund and go elsewhere for it.

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Just move on and find another one.

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Result! I got this from ebay:

 

 

 

I'm sorry to hear about what happened. Since the seller refunded your payment, even though you used Buy It Now, this is a breach of our Seller Non-Performance policy. Just as you are obliged to pay for an item you win, the seller is obliged to sell it to you. For more information on this, copy this link into a new browser window:

http://pages.ebay.co.uk/help/policies/seller-non-performance.html

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ebay will not let them sell to the public any more unless they resolve this. YOu see people -if I had refused to pay, I would have been in trouble. I honoured my obligation - they should honour theirs.

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Yes, they *should* honour their part of the deal.

 

Its up to you to make them, Ebay are not going to fight your battles for you.

 

They will most likely just get a slapped botty from Ebay or maybe even a short suspension of their account. Does their user name have "no longer a registered user" next to it?

 

If not, they are still in business.

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