Re: I need s.a.a advice. What would YOU do...?
- From: William Hamblen <wrhamblen@xxxxxxxxxxx>
- Date: Sun, 11 Jun 2006 07:10:47 -0500
On 10 Jun 2006 22:37:02 -0700, "Coppy Littlehouse"
<coppylittlehouse@xxxxxxxxxxx> wrote:
William Hamblen wrote:
If he accepted your offer he made a contract to sell and he is
obligated by law to perform. You could take him to court for breaking
the sales contract, but that wouldn't be a very cost effective way to
get the telescope. Get your money back. Send the facts to eBay.
Don't deal with him again.
Sorry, there is no contract here. Remember your business law class from
junior college: offer, acceptance, consideration. There is no
consideration. There is no contract. The seller may have broken eBay
rules, but not the law.
Get your money back. File a complaint with eBay.
Seller made the offer to sell on eBay.
Buyer accepted the offer and sent a Paypal payment.
Seller received the Paypal payment.
Seller e-mailed Buyer that he would send the telescope.
Offer, consideration, acceptance.
He made a contract. Seller can't change his mind and ask for sixty
dollars more.
Buyer could sue for performance, legal fees and court costs if he
wanted to. I would settle for getting the money back and crossing
Seller off my good guy list. Let's see how long it takes for Seller
to return the money.
This is one reason why I don't do business on eBay.
.
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