Ebay Buyer - Can I sue ?

[seal-tech]

Hi Everyone,

 

I'm new to this site and have been reading Classe's thread on being taken to court as a buyer but I have a situation as a Seller that I would like to ask you about.

 

I listed a car with a BIN or best offer (private not business), I received several offers and countered a few as they were so low. one of these offers was accepted and the buyer confirmed he would collect the car the following monday.

All good !

Now, the buyer is not responding, the person answering his mobile says he bought it last week and hasnt bought any cars, the landline number associated with the buyers account is answered but they say he's not there and gave me another mobile and the person there says he's not the buyer !

So I am a little angry but hey ho, so I relist the car and the buyer (using a different account) clicks BIN and again no contact. I know its the same buyer as the address listed is very similar to the original address )both in birkenhead, both with same postcode but single digit changed. Too much of a coincedence as it is over 70 miles away from me.

 

So my question is - can I take him to court ? I know I have a confirmed address for him, I wouldnt have minded if he came to pick the car up and said it didnt match description etc but he hasnt.

 

I always thought Ebay followed norm auction rules but during my reading of other threads this is not correct.

 

I know I will get my FVF refunded but Im still £16 out of pocket and still need to sell the car - whats stopping him from bidding on my next auction using another account ?

 

Thanks for taking the time to read.

 

Allan.

 

PS. for the record I feel Classe should have won his case. !

[Guest wino]

It says on ebay rules that once you place a bid you are entering into a contract with the buyer.

 

The buyer has accepted these rules when he registered.

 

Have a look here to see if it helps.

 

What to do when a buyer doesn?t pay (unpaid item process)

[My Real Name]

Ebay's rules do not redefine contract law - wikipedia covers the various aspects of what makes up a contract. In this case, there has been no consideration.

 

The OP might consider applying to the court for specific performance of the contract. My understanding is that this is discretionary, and unlikely to succeed, given that the OP can sell the vehicle to someone else (as could the caravan seller in the other ebay case).

 

If the OP is being prevented from selling, they might consider making a claim against the person for the costs of having to relist each time, and any other direct costs.

 

They could also refuse offers from buyers with little or bad feedback.

[buzby]

Simply report him as a NPB. Anything else is a wastre of your time (and money). Any other bids you may recieve (and are suspicious of) ask those with FB under (X) to contact you first, otherwise their bids will be removed. (The X being the highest FB on either known account).