Legal Question in Consumer Law in California

Off eBay email transaction - fraud

After contacting the seller in an eBay auction, he urged to take the auction off line and settle through email instead. After agreeing upon a final price for the item and shipping, he gave me his name and address to send him a money order. I sent him the money, and he received it and said he was going to ship out the merchandise. After not receiving it for a couple weeks, I started emailing him again, with no response. Finally, after a couple weeks, I sent an email indicating that I was going to bring legal action against him, to which he responded that the PO lost the package and was sending him a check. It has now been 3 months, with no more word coming from his side. What should I do? I have ALL the email correspondences.


Asked on 8/16/02, 3:12 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Off eBay email transaction - fraud

Start taking the legal action if you can find this person. Depending on the amount, you might wish to use small claims court.

Read more
Answered on 8/17/02, 12:29 pm

Re: Off eBay email transaction - fraud

-You have a cause of action for breach of contract and/or fraud (fraudulent inducement). He can be sued in the county where he resides. I do not know how much you paid him, but having to defend a suit might cause him to remit the goods or refund your money.

-You might also be able to bring a claim under Cal. Civil Code section 1770 - Unlawful or Deceptive Acts. Under this section, he has 30 days to make restitution. If he doesn't you can seek attorney fees and penalties.

Read more
Answered on 8/16/02, 6:32 pm


Related Questions & Answers

More Consumer Law questions and answers in California