#1
well i won a guitar on ebay for 255 euros, and the seller has turned around and said "im selling it for a friend, and he wont sell it for that much, im relisting with a reserve" i.e. he wants more but didnt want to pay for a reserve.

i live about 20 minutes from the town this guy lives in, so i asked about collection and he said that was fine.

can i sue this guy? i really want this guitar badly.
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#3
No lawyers, but judging by a lot of threads, we've got plenty of doctors.


EDIT: Craigslist ftw.
#4

Im Bob Loblaw....

On topic, no he is the seller he can do whatever he wants, as long as he doesnt take any of your money.
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#6
Quote by The Master Plan

Im Bob Loblaw....

On topic, no he is the seller he can do whatever he wants, as long as he doesnt take any of your money.


but its a binding contract, cant i take him to court to get specific performance?
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#7
Quote by The Master Plan

Im Bob Loblaw....

On topic, no he is the seller he can do whatever he wants, as long as he doesnt take any of your money.



YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

AD FTW!!!!!!!!!
#8
I think this is against ebay rules, but I don't think you can sue him for that though, just get him banned from ebay
#9
Nope, you can't. All you can do is leave bad feedback. Even if you could solicitors fees alone would cost you a lot more than 255 Euros
I've Made You A Drawing of a Giraffe Fucking an Elephant. Notice How His Moustache Looks Just Like Mine.

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#10
Give him bad feedback, it's about all you can do.
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#11
I don't know the legal specifics of auctions in your country. You might be able to, but it wouldn't be worth it.
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#12
I used to sell a lot on ebay and buy a lot. I'm pretty sure he can't do that you won the item fair and square. You need to contact ebay they have a address for theft and fraud. You should email them about the situation and see what they can do you could also read the rules and see what it says about it. If you have already paid for the item the seller has to ship it to you. I would contact ebay asap. Go here and you should find a way to get your guitar. http://pages.ebay.com/help/index.html?_trksid=m37
by LazyLatinoRocke
At least you didn't walked in on your cousin and girlfriend going anal.
#15
Dirge_Humani is a laywer I believe.


But no, I dont think you can do anything about it man, sorry.

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#16
Quote by faultyy
Nope, you can't. All you can do is leave bad feedback. Even if you could solicitors fees alone would cost you a lot more than 255 Euros

by sue him i mean small claims court, and if i made a full blown civil case and won, i'd be awarded costs too...
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#18
Quote by SoWrongItsMatt
Why make such a big deal out of it?

because this guitar brand new costs about 1000 and its a christmas present, for myself

but seriously, cos i really want this and this guy doesnt have the right to just turn around and say "oh no i dont want to sell it to you for that much" even though he entered a contract
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#19
I think you mean any lawyers "IN" the pit
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#20
Quote by munkymanmatt
because this guitar brand new costs about 1000 and its a christmas present, for myself

but seriously, cos i really want this and this guy doesnt have the right to just turn around and say "oh no i dont want to sell it to you for that much" even though he entered a contract


Look at it from his point of veiw. Maybe he changed his mind, figured the guitar was worth more to him than he originally though. Wouldn't it be a little bit selfish to sue him just for having second thoughts?

What guitar is this, anyway?
RAZZLEFRAZZLE
#21
It's a typical Agent-Principal situation. If the Agent - the guy who is selling it on behalf of the friend - acted outside the scope of his authority, you may not be given the guitar. However, if it was implied that he could do what he wanted in order to get a good deal for his master, despite his negligence, you have good title to the goods. It works the same way if he was actually told to sell the guitar no matter what, which I think is the case (actual express authority). A simple statement like, "Can you help me sell this guitar on ebay will suffice".
In any case, it's ebay - there are millions of people who get away with this sort of thing so I won't really count on getting past it. If you went to court, you'll obviously be wanting an order for specific performance of the contract. In the meantime, consult ebay and ask them first to see what they can do in order to resolve the issue before going into litigation. Going to court is a last resort. If you win in court, you will be entitled to receive all the moneys back.

EDIT: Does it actually say anywhere on the page that the seller can revoke offers at last minute, or refuse? If so, then chances are slim.
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Last edited by Harmonius at Dec 20, 2008,
#22
Quote by SoWrongItsMatt
Look at it from his point of veiw. Maybe he changed his mind, figured the guitar was worth more to him than he originally though. Wouldn't it be a little bit selfish to sue him just for having second thoughts?

What guitar is this, anyway?

well he should have thought it over before placing it on ebay.

also, he does want to sell it as he said hes relisting it with a reserve.

its a dean dime o flame.
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#23
Quote by munkymanmatt
by sue him i mean small claims court, and if i made a full blown civil case and won, i'd be awarded costs too...


The costs would only cover the use of the court (£60 usually), you'd still have to pay for your own solicitor.

Also seeing as it is his "friend" selling the guitar I can pretty much guarentee he wouldn't turn up to court, which would more than likely result in the case being thrown out and you being out of pocket. It really isn't worth it over 260 Euros, best thing you can do is leave negative feedback and inform Ebay
I've Made You A Drawing of a Giraffe Fucking an Elephant. Notice How His Moustache Looks Just Like Mine.

Your Mother's Got a Penis
#24
Quote by munkymanmatt
well he should have thought it over before placing it on ebay.

also, he does want to sell it as he said hes relisting it with a reserve.

its a dean dime o flame.


Well, still. Look at it from his point of view. If you had a real nice guitar, would you sell it for that little? He probably put the original bid so low because he figured more people would bid on it.

I'm just saying you probably should not sue him, and if you really want the guitar, just bid higher on it when he puts it back up.
RAZZLEFRAZZLE
#25
Quote by Harmonius
It's a typical Agent-Principal situation. If the Agent - the guy who is selling it on behalf of the friend - acted outside the scope of his authority, you may not be given the guitar. However, if it was implied that he could do what he wanted in order to get a good deal for his master, despite his negligence, you have good title to the goods. It works the same way if he was actually told to sell the guitar no matter what, which I think is the case (actual express authority). A simple statement like, "Can you help me sell this guitar on ebay will suffice".
In any case, it's ebay - there are millions of people who get away with this sort of thing so I won't really count on getting past it. If you went to court, you'll obviously be wanting an order for specific performance of the contract. In the meantime, consult ebay and ask them first to see what they can do in order to resolve the issue before going into litigation. Going to court is a last resort. If you win in court, you will be entitled to receive all the moneys back.

EDIT: Does it actually say anywhere on the page that the seller can revoke offers at last minute, or refuse? If so, then chances are slim.



cool man, thanks for the info.
no it doesnt say that anywhere
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#26
Quote by SoWrongItsMatt
Well, still. Look at it from his point of view. If you had a real nice guitar, would you sell it for that little? He probably put the original bid so low because he figured more people would bid on it.

I'm just saying you probably should not sue him, and if you really want the guitar, just bid higher on it when he puts it back up.


well thats not my problem. if he didnt want to sell it for less than 500 or however much he wants for it, he shouldnt have skimped out on a reserve.
thats what the reserve is there for, if he doesnt want to pay the fee for it he doesnt get the protection of it.
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

#27
Quote by munkymanmatt
well thats not my problem. if he didnt want to sell it for less than 500 or however much he wants for it, he shouldnt have skimped out on a reserve.
thats what the reserve is there for, if he doesnt want to pay the fee for it he doesnt get the protection of it.


As a general rule mate, the courts don't like to see people get out of contracts because they've realised they've made a bad bargain. You're right - he should have known and if that was a typical trader/buyer situation such as if you were buying something from a shopping market, the courts would be in your favour. The buyer already has a caveat, the so called L'Estrange rule which basically means if you sign it, beware what you've contracted to. In your case, "you've committed to buy" which essentially amounts to signing a contract.

Also in your case, the Sale of Goods Act 1979 does not apply because the seller seems to be an individual private seller so if you're going to use Google, don't bother trying to search provisions on the statute: they don't apply.
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#28
Quote by Harmonius
As a general rule mate, the courts don't like to see people get out of contracts because they've realised they've made a bad bargain. You're right - he should have known and if that was a typical trader/buyer situation such as if you were buying something from a shopping market, the courts would be in your favour. The buyer already has a caveat, the so called L'Estrange rule which basically means if you sign it, beware what you've contracted to. In your case, "you've committed to buy" which essentially amounts to signing a contract.

Also in your case, the Sale of Goods Act 1979 does not apply because the seller seems to be an individual private seller so if you're going to use Google, don't bother trying to search provisions on the statute: they don't apply.


he is a business seller, he has an ebay shop.
and yes, i thought that he entered a contract, ive studied all this in business studies, but i wasnt sure if it applied over ebay.
thanks dude!
EDIT: dudette! (?)
Quote by stringsquealer
dude you have a razorback explosion?!?!
im so jealous


Quote by Kyle.E
Munky has a reason. A reason to live. *applauds*

Last edited by munkymanmatt at Dec 20, 2008,