Legal Question in Consumer Law in New York
I bought a rare antique in a Buy-it-now auction on Ebay for $550 which includes shipping on a Thursday. I paid immediately. On Friday the seller said he would ship it Monday. On Saturday the seller said he is keeping it because his son wants it and will refund my money. I said we have a legally binding contract and he needs to ship the antique. On Sunday he emails me that I am ripping him off that people are contacting him after the sale saying they will pay $8,000 for it and he will not sell it to me. He refuses to sell it. The antique is worth a lot more than $550 and perhaps several thousand. That is not my fault he put it up for $500 as a buy it now. I am in PA and he is NY about 7 hrs away. What options do I have?
2 Answers from Attorneys
Initially, find out if Ebay can be of any help. Secondly, you may start an action in New York against the seller for specific performance (i.e., to proceed with the sale as agreed) or damages (difference between the price item was auctioned for and the market value).
You should be forewarned that he may interpose the defense of "mistake" in nullifying the contract. Outside litigating this case, I do not believe you have any other options and litigation is not cheap.
From your question I understand the following:
1. Individual advertised antique on Ebay for purchase.
2. You offered to purchase the antique for $550 and sent the required money.
3. Individual accepted and retained money.
Based on these facts, the individual would be required to send you the antique. However, you would have to demonstrate that the individual accepted and retained the money instead of the money being retained by Ebay pending the individual's acceptance.
Mike.
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