Do I have to sell to this buyer on Ebay?
This is a discussion on Do I have to sell to this buyer on Ebay? within the Internet Law forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; I sold a good size personal antique collection on a reserve price ebay auction. The buyer that ended up winning ...
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I sold a good size personal antique collection on a reserve price ebay auction. The buyer that ended up winning did meet my reserve (because I told her the reserve price after she asked me in an email) in the neighborhood of $25k. Initially I was very excited to sell the items and after initial communications with the buyer, I did not hear anything back from her for a period of about one week. During this time I emailed her four times with no response. I gradually was ok with this ONLY because she won the auction for 1/3 of what I paid for these items and secondly, a different person (unrelated to ebay) was later interested in the items. Again, after not hearing anything for a week and admittedly not trying anything other than email with the buyer, I agreed to sell to the other party for approximately $7k more than the auction ended for. From my perspective, as time went on, I was less than thrilled about selling these items for 1/3 of the value and was not going to make any extra effort other than email to contact the buyer. At the same time I was not going to let another potential sale pass on these items after nothing for one week from the original buyer. No money was exchanged with the buyer from ebay. Can the ebay buyer sue me for these items? She lives in the N.W.part of the U.S., while I live in the southeast part of the U.S.
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I wish to inform you that under ebay Policy in case the buyer does not pay then the seller has to contact the buyer which you have done when you have sent the emails. As the buyer has not paid, therefore, you opted for treating the contract as rescinded by buyer. Further, when you have given the email regarding payment and buyer has not responded you can argue that the buyer by not replying has shown that he was not interested in making payment and the contract for sale got rescinded and therefore you had sold the item to some other party.
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I wish to inform you that under ebay Policy in case the buyer does not pay then the seller has to contact the buyer which you have done when you have sent the emails. As the buyer has not paid, therefore, you opted for treating the contract as rescinded by buyer. Further, when you have given the email regarding payment and buyer has not responded you can argue that the buyer by not replying has shown that he was not interested in making payment and the contract for sale got rescinded and therefore you had sold the item to some other party.
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