Legal Question in Consumer Law in Florida

Ok so the story:

Ok so heres the story.

I was selling a Coach purse for a friend on ebay to help her out, well I made the mistake of letting her hold onto it while it was listed and she ended up selling it elsewhere. So come the last 12 hrs of the auction I find out she sold it elsewhere and Im left with explaining this to the buyer. Well I emailed the buyer within 1 min of the auction ending and she then sent 2 emails one after the other threatening my feedback.

"you listed it. i won it. you will honor the sale or you will get neg fb and reported to ebay !!!!!!"

"YOUR FB WILL BE HORRIBLE UNLESS YOU HONOR THE SALE !!!!!!!!!! I WON THIS BAG !!!!!!!!!!!!!!!!!!!"

I then emailed her back and explained the situation again and apoligized quite a few times. She left the neg and said I was dishonest.

She then continued to harass me. She sent over 10 emails calling me names and stating she was reporting me to ebay and my ebay days will soon be up.

I never once was rude to this buyer, I did everything I could to rectify the situation. I contacted ebays trust and safety department via the 1-800 number but due to the fact that most of the emails were sent to my personal email account there was not much she could do.

She has requested my personal information twice, once after I explained everything and then again a week later. I explained the first time that the phone number they have is very old and no longer in service so I think she is checking back waiting for me to update it. I was made to update my number by ebay and she req it again so now she has my number, no calls yet but I believe there will be.

Contacting my local police department and trying to file harassment charges was suggested by a few people but Id rather get this stopped without going through all that trouble.

I can understand a buyers frustration with this issue and I can even handle the neg fb but the emails and name calling is very inappropriate.

Ok so my question is...

Would the 10 to 15 emails calling me names and threatening my ebay account and saying she will get me suspended and so on be considered harassment?

I have literally been sick for 2 weeks worrying about this, I actually lose sleep. I know this seems silly to most but Ive never ever dealt with anyone like this.

Does she have a case for breach of contract or could I counter sue for emotional distress?

Im not looking to do anything I just want her to leave me alone.

Thanks for any help you can give me = )


Asked on 10/27/09, 8:16 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I don't think there is a lawsuit here on either side -- not for breach of contract (no damages) or emotional distress (not possible in a contract dispute).

People are mean. You would be absolutely amazed at how many people to whom I give free legal advice end-up sending me scathing emails, insulting me personally and professionally. I hate it when that happens, and I often worry about it because I don't like it when people are mean to me. But, alas, this is the world we live in, and people are mean -- even more so when they are faceless on a computer. Being on the computer gives people some e-courage if you ask me.

My suggestion is to just let it go. She will forget about it soon. She's just being a brat because she wanted the Coach bag, and she's throwing a hissy-fit. She has no damages, so even if she sues you for breach of contract, it is pointless. No one can recover emotional distress damages in a contract dispute. The best you can do is block her emails.

I wish you the best of luck, and don't worry, not everyone thinks you are a horrible person.

Kind regards,

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Answered on 11/01/09, 8:32 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

She probably has a breach of contract claim since you did not end the auction. Probably not worth the mess of it though. I see no legal harrassment. Just ignore it.

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Answered on 11/01/09, 11:45 pm


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