Suing for loss of bargain?

Uncertain

Has anybody won (or lost) such a case if an eBay seller refuses to sell an item won in an auction?

A friend has recently won an eBay auction at a very good price. However the seller first tried to ignore him then finally responded saying he was no longer willing to sell the item.

To keep it anonymous here is an example......

Item advertised without reserve and 99p starting price.

Item easily worth £100.

Friend bid around this figure but won the auction for under £50 as this was all that was needed to outbid the others.

Arguably, due to seller's breach of contract, my friend is out of pocket by over £50?

(in fact the actual amounts are a good deal higher)!

It has been suggested to my friend that he could sue in the small claims court for loss of bargain - is this true?

Thanks

chancesare_2

How is he out of pocket for £50. If he paid it will be refunded. There was a thread on here many moons ago about a pair of shoes and a ridiculous thread to sue. Your friend needs to get a life.

Dave101t

i too was thinking 'get a life' before reading the 1st response so there you go.

bryanb

What happens if the buyer refuses to buy? (I really don't know)

Uncertain

chancesare wrote: »

How is he out of pocket for £50.

He has entered into a contract to buy an item worth £100 for £50 (in my example - actually a lot more). By the seller refusing to honour the contract my friend keeps his £50 but doesn't get his £100 item so he is £50 worse off.

Myyrrddyn

Uncertain wrote: »

He has entered into a contract to buy an item worth £100 for £50 (in my example - actually a lot more). By the seller refusing to honour the contract my friend keeps his £50 but doesn't get his £100 item so he is £50 worse off.

Weird logic but true, best just contact ebay about it

ivavoucher

I see what you are saying and I think the responders so far are the ones that need to get a life.

Fancy, just responding to have a go, phew! What some people get off on!

It would be interesting to know what would happen if pursued.
The seller is a total waste of space and time and he should not be allowed to keep messing people about like this.

EBay should ask the questions and get rid of crap like them.

themull1

There's nothing you can do if the seller wont send the item, he will get a mark against him if you report it, but you aren't going to get the item.

cyberbob

Uncertain wrote: »

Has anybody won (or lost) such a case if an eBay seller refuses to sell an item won in an auction?

I think your friend would be laughed out of court.

chancesare wrote: »

How is he out of pocket for £50. If he paid it will be refunded. There was a thread on here many moons ago about a pair of shoes and a ridiculous thread to sue. Your friend needs to get a life.

Interesting that you remember that 18 month old thread. Been lurking long then.;)
https://forums.moneysavingexpert.com/discussion/1729225

Uncertain wrote: »

He has entered into a contract to buy an item worth £100 for £50 (in my example - actually a lot more). By the seller refusing to honour the contract my friend keeps his £50 but doesn't get his £100 item so he is £50 worse off.

In reality though he is not £50 worse off. Retailers frequently refuse to sell stuff to customers due to many reasons e.g being out of stock age limits etc. In reality all 'your friend' can do is make there displeasure known in FB and DSRs a few bad marks and they wont be selling for long. If they wish to waste their time and money going to court that's up to them but in reality you can't force someone to sell an item to you.

martindow

Items on Ebay generally find their price. It seems that your 50 pound bid is its real value. No one else seems to think it was worth more (except maybe the seller).

fiddiwebb

Suing for loss of bargain? :rotfl:

If that was the case then could you sue someone for making a profit?