Legal Question in Wills and Trusts in California

Re: Does Online Auction Contract Survive Death of Seller?

Read carefully e-bay's auction rules. Unless they reserve to the seller some right to cancel the purchase, you should have an enforceable contract here because he was not dead at the time he agreed to sell the photo. This right survives his death and becomes an obligation of the estate. If no right to cancel is reserved, you would have every right to write back to the executor, tell them they have no right to cancel the contract, and that the estate is obligated to send you the picture. If the estate is in washington, you might be able to sue only in washington. It's possible you could sue in texas. Check local jurisdiction rules.

To get the picture, you would have to sue for something called "replevin" or "specific performance", as opposed to a traditional action for damages. Most small claims courts will only let you sue for money, so you would have to go to a regular court, which could be costly. If you decide to sue for money, instead, you should sue for the value of the picture, instead of just what you paid.

You probably can also file some kind of creditor's petition with the washington probate court. Check with a washington lawyer.

Re: Does Online Auction Contract Survive Death of Seller?

in a nutshell, if the seller died AFTER contracting with you, and the auction was without reserve, then you would have the same rights against the seller's estate now that you would have had against the seller himself. in other words, the estate has no more defenses than the seller would have had now, and specific performance of the contract would be a viable remedy for you under the factual circumstances you have presented so far. if you would like further legal assistance in this matter, feel free to email me directly.

Re: Does Online Auction Contract Survive Death of Seller?

I hope this photograph is worth a lot of money because it is potentially could be costly. You would have to sue the individual in the state in which he was located and make claim in that Estate. In California the contract would have been complete and the estate would've been required, unless you can show otherwise, but to complete the contract. There is no "option " or choice as to whether or not they wish to fulfill the agreement. They may have some defenses in any kind of claim in the estate would mean that you would have to file suit which would be costly. Which law would control is something I'm not sure. The only Nexis is eBay in California. More likely than not it would be the law of Washington because that is the seller's residence and the state in which the probate of the estate is being held. I think basically what you need is an attorney to write some letters on your behalf to show the law firm of the errors of their way. That hopefully would solve it all at a much lesser costs. Your best bet is to hire an attorney in Washington but if you wish me to write some letters on your behalf I would be happy to do so after we reached an agreement on my fee. May contact me at 925 -- 945 -- 6000.