Legal Question in Consumer Law in Massachusetts

Can I get sued by a seller on ebay?

Hi!

I was the highest bidder on the auction of a car on ebaymotors.com. I had every intention of going through with the transaction and even went so far as to prepare the first payment and agree on pick-up times, etc. with the seller. However, I received my tuition bill in the middle of this and was forced to reconsider purchasing this vehicle because of the alarming tuition bill that I received for this school year. Despite my careful budgeting and accomadation for the yearly tuition increases, I was taken aback at the amount that I am expected to pay this year; it is vastly different from the amount expected of me last year. Because of this financial situation, I contacted the seller and explained my circumstances and apologized for not being able to go through with the transaction. He wants to go ahead with legal proceedings if I don't find a way to purchase the car. I don't see any way that I can purchase the vehicle and I am concerned about the possibility of a lawsuit if he does go through with his threat. Any advice would be appreciated.

Thanks for your time and patience,

Tiffany


Asked on 8/27/03, 1:36 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Can I get sued by a seller on ebay?

It sounds like you made an enforceable contract. The seller COULD sue you for breach of the contract. Whether he would win is a different question which I can't answer. It may be more practical to try to negotiate a way out of the deal by paying the seller a small amount of money to compensate him for his trouble; surely he can simply relist the car with ebay!! I would suggest holding firm and trying to negotiate a settlement which, as mentioned above, would require you to pay the seller some money. You have to figure out what you can afford as a settlement. Good luck!

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Answered on 8/27/03, 10:14 am


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