Legal Question in Business Law in Michigan

No delivery after receiving payment

I found a cellular/PDA phone listed on ebay. I contacted the seller to work out a deal. We agreed on $925.00 for five units including shipping and insurance. I made him reply back with the following confirmation:

((I confirm that we are talking about 5 Brand New Sealed Sony

Ericsson P900 gsm phones, triband and unlocked!The price,

insured shipping included is 925$ !I accept payment by bank

to bank wire transfer only!Please confirm you want to go on

with the deal so I can send you my bank account details!))

He was supposed to email me the shipment tracking # once he receive the payment. On Monday, his bank cleared the wire-transfer. I haven�t heard from him since and his not replying to my emails.

What can I do to recover my money? I know his Name, Bank Name & Address (in Munster/Indiana), and Account #.

Thank you; your help is really appreciated.


Asked on 6/09/04, 11:28 am

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: No delivery after receiving payment

You can sue him for fraud, conversion, and breach of contract. Bad news is, you probably have to sue him in Indiana. For more info. please call me at (248)851-3171.

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Answered on 6/09/04, 3:26 pm
Steve Dulan The Law Offices of Steven W. Dulan, PLC

Re: No delivery after receiving payment

I believe that if you read your Terms of Service contract with E-Bay that you will find that they have a system for resolving such disputes and that their remedy is the sole remedy available to you. Good luck.

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Answered on 6/09/04, 11:33 am


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