Legal Question in Consumer Law in Texas

Ebay Dispute

On Ebay, I bid $4,600 for a car in Lubbock, Texas. It was an impulse and two days after my bid, I had a change of heart and retracted it. I was the only person to bid on this item and the auction ended with no winners. The seller immediately threatned legal action as soon as I retracted my bid. He states I broke the Ebay rules and that I am obligated to buy his car, or he will file a law suit against me. Does he have a legal basis for a law suit? I have not signed anything, but he does have my name.


Asked on 3/04/02, 7:13 pm

1 Answer from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: Ebay Dispute

Whether you can be held contractually liable for retracting your bid, will depend on the terms of the contractual agreement that you and Ebay agreed to be bound to. Without actually knowing what these terms are, it is difficult to gauge within any degree of certainty whether the threat the seller made is credible. I would suggest that your read through the agreement and look for terms like "minimum bids" and "reserve bids". Generally speaking, if a seller places an item for sale at auction with a reserve bid or a minimum bid and that reserve or minimum bid is met by a buyer at the close of the auction, then the buyer is obligated to complete the transaction (purchase). If after reviewing the agreement, you still have some concerns or questions I would suggest that you consult with an attorney of your choice for further advice.

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Answered on 3/05/02, 12:34 am


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