Legal Question in Consumer Law in California

Off line e-Bay sale; Breach of Contract

After contacting the seller in an eBay auction, an agreement was made to purchase an item off line, and the eBay auction was withdrawn and settled through e-mail correspondance. An agreement was made on the final price for the item with shipping was $1370, and it was a one of a kind collectable. I sent the payment and after a week, I received an e-mail from the seller indicating that they were no longer going to sell the item and my money was being returned. The Seller resides in Los Angeles California, and I live in New York. I have retained all email correspondence. I sent an email requesting further information regarding the breach in contract, also noting I was reviewing my legal rights as a consumer. I fear that the individual may have received a higher offer after the sale, and as a result canceled our sale agreement. I wish to have this item, but I'm not sure if I have a case. Can I force the sale of the item?


Asked on 2/03/03, 11:42 am

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

Re: Off line e-Bay sale; Breach of Contract

You have a case, but you have to come to CA to sue.

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Answered on 2/03/03, 4:40 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Off line e-Bay sale; Breach of Contract

So . . . let me get this straight. You found a seller on eBay who would ignore his contractual obligation to eBay and cut them out of a transaction to give you the only shot at the item in question . . . then you are surprised that this same seller might cancel/ignore whatever agreement he had with YOU when yet another bidder came along.

If, indeed, you came to know of the item through eBay, you would have been wise to avail yourself of the protections provided by that medium, rather than trying to cut the service out of the deal. You now have lost all the benefits of escrow services, complaint investigation, the threat of negative feedback and possible suspension of the seller, and grievance mediation services.

You may have a small claims action for the alleged breach, but it will require clear offer and acceptance and overcoming any defenses that the seller might have, such as lack of agreement on essential terms, impossibility of performance, or some failure in your performance of the contract.

Next time, take full advantage of the intermediary services an eBay auction provides to you as a consumer.

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Answered on 2/03/03, 12:12 pm


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