Legal Question in Technology Law in New Jersey

Internet Auto Sale via ebay

I recently sold a vehicle on ebay on consignment; basically I listed the car on ebay for the owner, and based my description of the vehicle based on information provided to me by the owner. Vehicle never hit the reserve price, and therefore is not a valid transaction between two ebay users as a result. However the owner sold the car to the high bidder anyway, who resides in Michigan. Bidder bought the car based on my description but never personally inspected the vehicle before pruchasing it and having it delivered to his location.

Now the bidder is contacting me saying the vehicle was misrepresented as far as the quality of paint job and new interior. I specifically stated in the auction that the vehicle is being sold as is and does not come with any sort of warranty or guarantees. Can I be held liable for anything or is this simply an issue that needs to be resolved through the previous owner and current owner? No funds of any kind were disbursed to me, nor is my name on any type of documentation relating to the sale - thanks!


Asked on 10/23/02, 8:06 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Internet Auto Sale via ebay

Theoretically, you could be held to be an agent of the seller. In a contract, the agent generally does not have liability. The principal, in this case the seller, has the liability. However, on a negligence theory, if it is determined that you had a duty to inspect and failed to do so, you may have some liability. I would worry more about your ebay rating because even one negative can grind you to a halt. Bill Stern

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Answered on 10/24/02, 6:46 am


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