Ebay - item won, is bid legally binding

ChrisK....._3

You have no case, or more specifically you have no damages. Once the court has established you are the victim of a breech of contract, your "damages" will be assessed as a result of that breech, and since you didn't pay for anything you haven't suffered any "damage".

simon2018 wrote: »

I.........
IMO the seller has breached a legally binding contract and I aim to take him to small claims court. ......

RHemmings

ChrisK..... wrote: »

You have no case, or more specifically you have no damages. Once the court has established you are the victim of a breech of contract, your "damages" will be assessed as a result of that breech, and since you didn't pay for anything you haven't suffered any "damage".

This is incorrect. In the case of loss of bargain, the damages is the difference between the contracted price and the current market price.

I previously thought that damages didn't exist until the purchaser had bought a replacement item at a higher price. However, in doing a bit of research for this thread, it seems that I was wrong and the damages exist even before the replacement item has been bought. E.g.:

https://www.walkermorris.co.uk/publications/commercial-review-march-2014/excluding-liability-for-loss-of-profit-and-loss-of-bargain/

Section 50(3) elaborates further, providing that where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market price at the time when the goods ought to have been accepted.

prowla

RHemmings wrote: »

This is incorrect. In the case of loss of bargain, the damages is the difference between the contracted price and the current market price.

I previously thought that damages didn't exist until the purchaser had bought a replacement item at a higher price. However, in doing a bit of research for this thread, it seems that I was wrong and the damages exist even before the replacement item has been bought. E.g.:

https://www.walkermorris.co.uk/publications/commercial-review-march-2014/excluding-liability-for-loss-of-profit-and-loss-of-bargain/

The current market price at the point in time was clearly £150, ie. what the market would pay at the fall off the hammer.


I'd raise a dispute with ebay, saying the buyer refused to sell at the agreed price, but I think all that would be worth would be a black mark against the (non-)seller.

RHemmings

prowla wrote: »

The current market price at the point in time was clearly £150, ie. what the market would pay at the fall off the hammer.

One purchase at an auction does not create the current market price, as items will sell at a variety of prices. Current market price is the overall price at which something sells. Individual purchases, particularly with auctions such as ebay, can be at more or less than the market price.

Loss of bargain is called loss of bargain for a reason.

KeithP

RHemmings wrote: »

One purchase at an auction does not create the current market price, as items will sell at a variety of prices. Current market price is the overall price at which something sells. Individual purchases, particularly with auctions such as ebay, can be at more or less than the market price.

Then how does one arrive at a 'current market price' for a unique item?

Particularly as the seller apparently no longer wants to sell it.

RHemmings

KeithP wrote: »

Then how does one arrive at a 'current market price' for a unique item?

Particularly as the seller apparently no longer wants to sell it.

As I said before, it would most likely require expert testimony; which is almost certainly way beyond what anybody would ever do after an ebay sale falls through.

All houses are unique items. That doesn't stop houses having market prices, as established by a number of means. And it doesn't stop individual house sales being above, at, or below market price.

In my previous post, I'm discussing the general case whereby a single ebay sale does not establish market price. But, even for unique items, a single ebay sale doesn't establish a market price.

Pollycat

KeithP wrote: »

Then how does one arrive at a 'current market price' for a unique item?

Particularly as the seller apparently no longer wants to sell it.

Or maybe he does want to sell it if the post below is correct:

shaun_from_Africa wrote: »

This one perhaps?
https://www.ebay.co.uk/itm/ND07YLE-034-DOYLE-034-034-N-DOYLE-034-Number-Plate-W-Retention-Document-amp-Certificate-/123138658531?hash=item1caba2d0e3%3Ag%3A9uQAAOSwdjha6Enx&nma=true&si=lcs0NrEzMlQ8Udh7USuyhye4CH0%253D&orig_cvip=true&rt=nc&_trksid=p2047675.l2557


It had a winning bid for the right amount ("close to £150"), has now been relisted and the seller has received feedback stating: "Order cancelled after I won the bid, due to seller wanting to sell for more!!!"

KeithP

Yes it was relisted, but the relisted sale has been terminated by the seller:

This listing was ended by the seller because there was an error in the listing.

AndyMc.....

RHemmings wrote: »

One purchase at an auction does not create the current market price, as items will sell at a variety of prices. Current market price is the overall price at which something sells. Individual purchases, particularly with auctions such as ebay, can be at more or less than the market price.

Loss of bargain is called loss of bargain for a reason.

Seems like the seller only values it at £200.