Legal Question in Consumer Law in Virginia

Are eBay auctions legally binding contracts?

I was selling an item on ebay & a buyer used a ''buy-it now'' option, agreeing to a fixed amount, & ended the auction immediately (not allowing any other buyers to bid). I contacted the buyer via email verifying the transaction, & he informs me that he doesn't have the money & will not buy the item. eBay's online support advised me that every bid is a binding contract & that the buyer is responsible for his bid. I contacted the buyer with this information, & gave him the option to reimburse me for auction fees I incurred instead of the sale price, since he stated that he did not have the money. (Because the buyer said he was not going to buy the item, I relisted it.) The buyer then changed his mind, & agreed to buy the item for the original price. (I ended up having to close the second auction, because he agreed to buy the item.) The next day, the buyer sent me another email & said that he will not buy the item, & will reimburse me the auction fees instead. I sent the buyer another email asking him to reimburse me for both auctions to which I incurred fees, due to his indecisiveness, & have yet to hear back from him. I believe he has chosen to ignore me. What type of action can I take, if any? Thank you.


Asked on 1/09/03, 9:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Are eBay auctions legally binding contracts?

Of course there was a binding contract, but enforcing its terms against a buyer for a cyberspace transaction who probably lives a distance of many states away from you, is no mean

feat.

Take him up on his offer to pay the costs associated with the one auction and be done with it.

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Answered on 1/09/03, 11:16 pm


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