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Breach of Contract with eBay Purchase, Loss of Bargain??

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I buy and sell used spin bikes,

I was approached by a customer who I had sold spin bikes to previously,

they were expanding their spin classes and wanted to know if I had a particular brand of bike,

I didn't have that brand at the time so I told the customer that I would be getting more in within 2-3 weeks for £150 each.

 

I called a few of the companies who supply me but they never had any

I searched eBay.

I found a seller who had an auction ending that day for 10 bikes of the brand the customer wanted all in good working order,

 

bidding was started at 99p,

there was no reserve and no bids

but there was a 'Buy it Now' option of £1000.

(10 bikes of this brand sell for £1500)

I contacted the customer back to tell them I had 10 coming and they agreed to buy them all for £1500

 

On the day of the auction I bid £1000 with 5 mins to go,

I ended up winning the auction with a bid of £280,

 

less than an hour after the auction had ended the seller messaged me to say

"sorry I thought I had cancelled the auction, the bikes were damaged and disposed of"

He then cancelled the auction,

there was nothing I could do but report him to eBay and leave the relevant feedback.

 

I called a few other companies that supply used spin bikes but nobody had any of the bikes the customer wanted,

unfortunately, I had to inform the customer that I could no longer supply the bikes so they went elsewhere.

 

Weeks later I was contacted by an eBay user who had seen my feedback,

they said they were interested in the bikes but forgot to bid,

 

a day after the auction they contacted the seller to say if the buyer doesn't complete they would be interested in purchasing for £850,

I was saddened to hear that the seller messaged them back the same day to say the bikes were still available,

they even went to view the bikes at the sellers gym that he owns.

 

I've seen all of the messages between the seller and the eBay user so the seller can't deny that he made a false statement to me and then tried to sell at a higher price.

 

What I would like to know is

can I sue the seller for breach of contract and seek damages for expectation loss/loss of bargain, £1500 less my winning bid and collection cost etc?

If I can sue him for breach of contract, do I sue him as an individual or sue his company as he was using a private eBay sellers account at the time to list the bikes?

 

Thanks in advance

Edited by dx100uk
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AFAIK there is nothing on ebay that states an item MUST sell for its end price.?

 

the seller would not of known your maximum bid was £1000.

just that you won them for £280

 

£280 is substantially lower than the £850 he got for them,

 

p'haps you should have messaged him with your offer price.

 

IMHO Nothing you can do no.?


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Yes you can. You can sue for breach of contract and you would be claiming damages for the additional sum you will have to pay in order to obtain similar items of the same quality.

 

Do you have the evidence in writing and are you able to locate the new purchaser and will that purchaser be prepared to give you a formal statement? I think you any problems here are likely to be evidential.

 

Another factor you need to take into consideration is that as you are a business claimant and you would be suing a business defendant , any hearing would be scheduled to take place at the defendants local court.


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