Legal Question in Consumer Law in Pennsylvania

Re: Ebay Contract

You asked about what to do when you can't follow through on a winning bid at auction.

Pray. Just kidding (sort of).

Actually, you are required to go through with the transaction. The other party has every right to sue and has a very good chance of prevailing in court. I can think of some challenges, but you will spend more money fighting the suit than it is worth and could still lose.

Generally, bids at auction are binding contracts until the bidder is outbid. When the gavel falls the high bidder has purchased the item up for auction. All that remains is for there to be a formal "closing" where the bid price is exchanged for the title to the property. In all states electronic transactions are contracts and can be enforced where the intent can be percieved through the instrument.

You have two choices, either come up with the cash or come up with an alternative. My suggestion would be to offer the seller an option to revoke the sale. In other words, ask them if they'll take some money from you AND keep the car which they can then offer for sale again in exchange for a release of liability. You would also would probably have to agree to compensate them for any price less than the amount you agreed for which you would purchase the car.

You should have an attorney negotiate the transaction so that you get out at the lowest cost and with the protections that you seek. You will be out some cash and won't have the car.

Regards,

Roger Traversa