Legal Question in Consumer Law in Nevada

internet auction e-bay

I accidentally bid on e bay. Internet auction. I do not want to buy what I bid on. Am I obligated to buy something in an internet auction. He is harassing me so bad. He keeps on calling me like everyday to buy his motorbike that is way too much above its blue book value. What should I do? Am I obligated by law to buy the motorcycle in an e-bay internet auction?


Asked on 6/11/01, 7:37 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: internet auction e-bay

When you "accidentally" placed your bid, you entered a contract with the seller. You had opportunity to withdraw the bid prior to the auction end, and if you did not do so, you are obligated to complete the purchase on the terms of the auction (including the price - no matter how inflated it may have been).

If your bid truly was an accident of some kind, and you continue to refuse to perform, you will likely receive a "non-paying bidder" complaint through the eBay system. You are then afforded an opportunity to protest the complaint, using eBay's formal channels. Check out the form they have online at: http://cgi3.ebay.com/aw-cgi/eBayISAPI.dll?SendQueryEmailShow&subject=npb.

According to eBay rules, your first offense of non-payment results in only a warning, and by the third time you bid and don't pay, your eBay privileges may be indefinitely suspended. Aside from their internal rules, though, when you place a bid, you are obligating yourself to the purchase, and the seller can legally force you to perform according to the terms. Essentially, the seller made on offer to sell you the item, you accepted the offer on YOUR chosen terms (specifically, price)and a contract was formed at that point. Perhaps you can offer the seller some small compensation for his troubles, and invite him to let the item go to the next higher bidder? Communicate with him and try to resolve it short of legal action. Then, BE CAREFUL when you are surfing eBay!

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Answered on 6/28/01, 2:49 pm


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