Legal Help

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Posted By: <b>brock</b><p>Hello<br />I know this is off topic but i was wondering if some of you guys could help me out. The question im asking is about the Buyer seller contract when you buy something from a seller and then they back out. This was an ebay transaction. Now the thing i need help with is if a seller backs out of this contract can i do anything that would force him to have to sell me the item. I have already payed for it and everything. Thanks for any help.

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Posted By: <b>Steve</b><p><br />Why is the seller backing out? The item sold to cheap?<br /><br />In many cases it just isn't worth the time and cost to force ebay sellers<br />to uphold there end of a sale.<br /><br /><br />Good luck, I am sure others will chime in.<br /><br /><br />Steve

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Posted By: <b>brock</b><p>I'm scared he may back out, and i just want to know if there would be anything i could do. thanks

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Posted By: <b>Steve</b><p>basically the only thing you can do is neg him.<br /><br /><br />Steve

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Posted By: <b>brock</b><p>Could it some what be considered Theft on their part(I'm talking when a seller does do this) because once me takes your payment, to me you own the item now. What are your guys take on this.

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Posted By: <b>Chris</b><p>I guess in theory it could be looked at that way. But if he returns your payment I'm not sure there's much you can do. As someone said, it's probably not worth the time and money you'd spend to "make" him sell it.<br /><br />If it came to it, he'd probably just say the item was "lost". Not much you could do it in that case.

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Posted By: <b>Frank Wakefield</b><p>You won't be able to make him complete the sale.<br /><br /><br />If you contact him, talk in terms of 'I haven't received it yet, when did you ship?' and not in terms of 'I'm sorry it went for so little, you are still going to sell it aren't you?'<br /><br /><br />If he doesn't send the item, you would have legal standing to attempt recovery of what you've paid.<br /><br /><br />And what Steve said is right, all you could do in the end would be to leave him a negative.<br /><br /><br />

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Posted By: <b>Vincent</b><p><br /><br />Brock,<br /><br />Did you pay via Paypal, personal check, Money Order, other ?<br /><br /><br />Just curious.

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Posted By: <b>brock</b><p>Paypal<br /><br />I don't care care about the money i just want the item because it was a VERY GREAT deal(meaning money).

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Posted By: <b>Vincent</b><p><br /><br />I realize the issue isn't getting your money back, but completing the great deal. I enjoy the rare "score" too.<br /><br />The reason for my inquiry, and please forgive me if I am in error, but I seem to recall from General Business Law 2.0 decades ago that clearing of payment via personal check constituted a binding contract.<br /><br />But that does not apply here. Please forgive my intrusion.<br />

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Posted By: <b>Red</b><p>Here is how you handle the situation? You want to treat the person how you would like to be treated if the situation was reversed. If it was a "great deal" why was it a great deal? If the seller made a listing error and listed a $400 with a $4 BIN by mistake, the seller is under no obligation to sell the item. As a buyer if you're trying the legally binding contract angle if doesn't apply on an obvious listing error. Was it an auction listing, or was it a BIN listing where the card was available for sale someplace else, like a website or for sale at a show. If the seller sold the card and forgot to remove a BIN listing and has no way of delivering the card, then maybe you want to treat him how you'd like to be treated. Maybe it was a great deal in a normal running auction and the guy is pulling a fast one on you. That's not right but there's really nothing you can do.

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Posted By: <b>Red</b><p>Something to consider too. Sometimes those "very great deals" on Ebay are very great deals for a very good reason. Are you sure you really did get a great deal? At this point you're just worried that the seller might back out. Don't be insulted, but if this happens to be a situation along the line of "winning" an ungraded T206 Cobb that looks NM for only $200, then you're going to be posting about another very different problem very soon. Just another thought.

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Posted By: <b>brock</b><p>I'll update you guys in a couple days, and see where it takes me. Thanks for the advice.

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Posted By: <b>Matt</b><p>Where is "bulldog" when you need him?

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Posted By: <b>Steve</b><p>What we need is more then 1/10 of a story.<br /><br /><br />Steve

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Posted By: <b>Frank Wakefield</b><p>True... more story to know what happened. But realistically, extremely unlikely that buyer could win a lawsuit that would order specific performance of the sale, even after we got the other 90% of the story.

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Posted By: <b>brock</b><p>Well the seller emailed me saying it was shipped. The reason that i really didn't want to tell the whole story was because someone may have contacted the seller and told him what the item may be worth. Like that one Cy Young card acouple months ago. I know its wrong to have the seller not get what the item is worth but i really wanted it for this price, and this item could led to many new items for me. Once i recieve the item i'll show you guys it.

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Posted By: <b>Frank Wakefield</b><p>And once you show these guys one of them will back search eBay and find it and contact the seller asking what else he has...<br /><br />Might be a wise move to keep the folks here clueless until you've exhausted the seller's supply. And that advice back there of treating someone as you'd like to be treated was sound.

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Posted By: <b>Steve</b><p>Brock<br /><br />IMO you did nothing wrong, the guy could have started the bidding at a point <br />where he was comfortable. He could have set a reserve. I just hope for your sake<br />that this seller doesn't send you an empty box.<br /><br /><br />Steve

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Posted By: <b>Peter_Spaeth</b><p>If there was no problem yet why were you asking us for legal help?

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Posted By: <b>Steve</b><p>Hi Peter, I guess he was antsy.<br /><br />Steve