Legal Question in Consumer Law in Texas

E-Bay sale where winning bidder would not pay

Simply put, i sold 2 tickets to the Houston Astro world series game. one of the winning bidders would not pay and told me in an email to sell it to someone else... E-bay claims that this is in violation of a contract. is this true what can i do to collect and/or civil court. is this a criminal crime to violate a contract? the dollar amount for the ticket was $710.00 i can not wait longer than a day or so or i will loose the chance to re sell the ticket.

thanks,


Asked on 10/21/05, 9:49 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: E-Bay sale where winning bidder would not pay

Re-sell the tickets! If you get less than what the defaulting bidder bid, you can sue for the difference.

The default is purely a civil, not criminal, matter!

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Answered on 10/22/05, 2:22 pm
TC Langford Langford Law Office

Re: E-Bay sale where winning bidder would not pay

When you signed onto ebay, you agreed to 'terms and conditions'. Go back and look at their online agreement. It should apply to buyers and sellers both. This is probably a common occurence, and there should be an appropriate provision. Save the email from the buyer. My best guess is that the contract allows you to put the ticket back up for sale. You cannot collect the ticket price from the 'violator' AND resell the ticket. That is double-dipping, and will not prevail. Basically you have to choose whether to take your chances in court with the first bidder, or look for a new one. The Ebay contract is likely to prevail. TCL

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Answered on 10/21/05, 10:19 pm


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