Ebay - item won, is bid legally binding

Pollycat

simon2018 wrote: »

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

If they have relisted it but have told you that they withdrew it from sale as "they are not selling it ATM", I'd report them to ebay and then move on.

takman

simon2018 wrote: »

I've bidded and won an item.
I paid within the minute.
This morning got a message and refund saying "item not for sale."

There was no reserve price.
Nowhere in the advertisement, small print did the seller say
that the item was being sold 'elsewhere.'

IMO, the seller can't claim, 'lost in the post, broken, lost,' etc etc as it's a Retention document from
the DVLA for a car registration as if this was lost, damaged, etc easily replace.

I paid close to 150 pounds for it and it's worth about 1k.

IMO the seller has breached a legally binding contract and I aim to take him to small claims court. The seller has been on the site for many years and is a car dealer so I'm guessing he/she may have a few quid to their name.

Samll claims does not cost much and will recover cost and the court sherrifs cost about 75 quid.

Help appreciated.

Number plates are unique and are only worth as much as people will pay for them. An open bidding system has determined that it's worth £150.

Even if a similar format of number plate sold for £1k it would have different numbers and letters which changes it value. I cant see how you will get anywhere in trying to claim £1k compensation.

hollydays

Also consider you've maybe had a lucky escape as they sound unscrupulous

forgotmyname

You cannot force them to sell the item. As mentioned by many, dream on thinking your going to get £1000 compensation.

Its value was £155 minus £80 worth of DVLA fees? Minus ebay's and paypal's fees? So its true value was £70 ish?

Sue for loss of bargain, good luck with that one.

From distant memory didnt ebay say they are not an auction but a means to bring buyers and sellers together? Something about avoiding being liable for failed sales etc?

Distance themselves from dodgy sellers/items?

Matching buyers to sellers? Seems to ring a bell?

bris

RHemmings wrote: »

However, I have searched on this over the years, and I've never (as far as I remember) found an example where someone has sued for this, let alone won.

Yes there has been successful claims for loss of bargain and although this would qualify for it, it's practically impossible to quantify this loss due the plate being unique.


https://www.bitterwallet.com/economy/bq-the-dishwashers-with-no-discretion-13425 it was announced on this very forum.


This plate has went through an auction to the whole of the UK and beyond and the price was £150, that's it's market value which is unique to that plate.


The plate is pretty crap tbh and wouldn't be worth any more anyway but if the plate sells for more next time around (much more) then technically that sum above the £150 would be a figure to pursue.

RHemmings

bris wrote: »

Yes there has been successful claims for loss of bargain and although this would qualify for it, it's practically impossible to quantify this loss due the plate being unique.


https://www.bitterwallet.com/economy/bq-the-dishwashers-with-no-discretion-13425 it was announced on this very forum.


This plate has went through an auction to the whole of the UK and beyond and the price was £150, that's it's market value which is unique to that plate.


The plate is pretty crap tbh and wouldn't be worth any more anyway but if the plate sells for more next time around (much more) then technically that sum above the £150 would be a figure to pursue.

I meant suing for loss of bargain after an ebay sale. The case you describe doesn't mention ebay at all. Looking back at my post, it could have been clearer. It doesn't mention ebay until late in the paragraph.

In terms of the market value of an item, I'd want to see evidence that a single sale on ebay establishes the market value of an item. Sales of the same item on ebay can vary considerably even on the same day. They can't all be the market value. I would expect that the fair market value would be some form of short term average of sales values, and some of those sales would be at less than, and some more than, that market value.

Furthermore, the damages for loss of bargain is the difference between the market value and the contract price at the time of the breach of contract. The refusal to sell would be at some time later than the original sale, and if the same item has been selling for higher amounts since the original sale, then there is a loss there.

Note that the previous couple of paragraphs are talking about the general case, where identical items will come up for sale. A unique number plate is a different situation. But, that doesn't, I believe mean that the ebay sale establishes true market value for that item. If it was expected, as the seller clearly expects, that the same item sold again would typically fetch a different price.

bris

RHemmings wrote: »

I meant suing for loss of bargain after an ebay sale. The case you describe doesn't mention ebay at all. Looking back at my post, it could have been clearer. It doesn't mention ebay until late in the paragraph.

In terms of the market value of an item, I'd want to see evidence that a single sale on ebay establishes the market value of an item. Sales of the same item on ebay can vary considerably even on the same day. They can't all be the market value. I would expect that the fair market value would be some form of short term average of sales values, and some of those sales would be at less than, and some more than, that market value.


As for the market value then they fluctuate all the time, all the courts would be concerned with is the value at the time, the fact it made what in made on the open market sets it's current value.

Furthermore, the damages for loss of bargain is the difference between the market value and the contract price at the time of the breach of contract. The refusal to sell would be at some time later than the original sale, and if the same item has been selling for higher amounts since the original sale, then there is a loss there.

Note that the previous couple of paragraphs are talking about the general case, where identical items will come up for sale. A unique number plate is a different situation. But, that doesn't, I believe mean that the ebay sale establishes true market value for that item. If it was expected, as the seller clearly expects, that the same item sold again would typically fetch a different price.

It makes no difference where you buy an item, Ebay or B&Q. What matters is whether a contract has been formed or not, it could even be a car boot sale.


Auctions are legally binding at the fall of the hammer, in this case when the time runs out. So Loss of bargain would cover it, it's all about the contract, not the place of business.

RHemmings

bris wrote: »

It makes no difference where you buy an item, Ebay or B&Q. What matters is whether a contract has been formed or not, it could even be a car boot sale.


Auctions are legally binding at the fall of the hammer, in this case when the time runs out. So Loss of bargain would cover it, it's all about the contract, not the place of business.

Yes, legally there is no difference. But, I was still interested in whether there was case where loss of bargain had been argued after an email sale fell through. Not because it makes a legal difference due to the sale being on ebay. But only in terms of 'would anybody ever do that after an ebay sale?' Which at the moment it appears that no-one has.

preable

simon2018 wrote: »

I have Hollydays, but just blank me after the initial message that they are not selling it ATM.
IMO, they have no excuse not to sell and like I said worth a few bob, so will sue them for the plare/reg or 1k at least for the upset, time and effort they have cause me.

No one likes paying reserve fees and I will not drop this until i get the reg or the 1k.

Lol people these days if 1 little thing doesn't go there way they shout ILL SUE YOU :rotfl: just accept they don't want to sell anymore. All that will happen is they will get a black mark from ebay

forgotmyname

Looks like the OP left negative feedback, with that and another one for items not as described the sellers feedback is at 93.5%.

That wont help future sales.