Legal Question in Consumer Law in Tennessee

RE: online auction sale terms (breach)

I am currently being sued by an individual who bid on a car I recently listed on eBay. Individual was high bidder. My auction listing contained specific time frames to receive NON-REFUNDABLE deposit and final balance (remainder). Bidder failed to meet deposit date (3 days late), and ultimately never sent final balance. Car was sold to another party for a loss (7 days after day remainder was to be received). Now, bidder wants full deposit plus attorney fees paid to him. eBay has specifc bidding guidelines for buyers...

(from eBay): By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful.

I live in Missouri and am being sued in Nahville, Tenn. (jurisdiction law?)

Please advise


Asked on 10/22/03, 5:11 pm

1 Answer from Attorneys
Holland McKinnie T. Holland McKinnie, PC

Re: RE: online auction sale terms (breach)

1) Are you being sued in Davidson County General Sessions Court, or some other court?

2) Has a hearing date been set?

3) How much are you being sued for?

4) How much was the original contract price?

5) Do you still have any of the plaintiff's money?

6) Is there any other reason (other than this contract) that Tennessee could have jurisdiction over you?

These questions will of course lead to others, but you likely have some defenses under both the contract and on jurisdiction (depending on what ebay may have saddled you with under their terms and conditions). If you would like to discuss further, please contact me as shown below.

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Answered on 10/22/03, 6:15 pm


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