Legal Question in Technology Law in Ohio

Must ebay seller honor outcome and sell item to highest bidder?

On January 20, I won an eBay auction for a 1990 Volvo Wagon 760 Turbo. Within three hours, I emailed the seller (through eBay) to introduce myself. No reply was received; so on January 21 at 10:35 PST, I called the phone number listed and left a message asking that my call be returned. One hour later, at 11:35 PST, I received a call from a man named Robert stating that the auction would not be honored because it had been cancelled. When asked what my winning bid was ($2500.00), I was told that eBay had also failed to list the stated reserve price. I was then told that the vehicle had already been sold to someone else for $4000.00 and that the turbocharger needed work. The vehicle condition was listed as ''THERE ARE NO PROBLEMS WITH VOLVO ENG,TRANS AND BODY IS SOUND!''. After reporting this to eBay SafeHarbor, I was told, �(the seller) is legally obligated to sell the vehicle to you. I have reviewed the auction and there was no reserve and you are the clear winner of the auction.� I live in Ohio and the seller's car dealership is located in New Jersey. Is the seller in this eBay auction legally required to honor the outcome of the auction and sell the vehicle to me?


Asked on 1/24/02, 1:27 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Must ebay seller honor outcome and sell item to highest bidder?

Your question is really a contract law question, probably governed by New Jersey law since that is where the seller lives and that is where the car is located and is where the enforcement would need to occur. My suggestion is that you contact either an Ohio law firm which has a branch office in New Jersey or contact a New Jersey firm. My recommendation would be to contact a New Jersey firm. You might want to repost your question in the category Contract Law rather than computer law.

If you were to sue in Ohio, you might well have to sue again in New Jersey to enforce the judgment, so you are best of starting there. Your demand to the seller will be much more effective coming from a local lawyer near the seller. Perhaps a New Jersey lawyer will respond, but if not email me and I will recommend one to you.

Read more
Answered on 1/24/02, 1:56 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in Ohio