LunaticSVT

This guy won a new EVO on Ebay for 26K and now the seller is refusing to go through on the deal. Auction ended fair and square, no reserve and started bidding at 10K.

http://forums.nasioc.com/forums/show...hreadid=442510
http://cgi.ebay.com/ebaymotors/ws/eB...tem=2438028950



Keep passing along the info about the shady dealer...

honer

****... This guy got stooged, but honestly.. The dealer will probably get away with it. Its just a website after all.

danege

Unlucky.

He shouldnt get away with it.....but he will.

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EFFalcon

what can they do... i know its some sorta contract, but meh... hope he gets the car!

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Mother Nature

This sort of thing really annoys me ....... I had something similar but reversed ...... a guy bid & won my XF wagon & then reniged after 2 days .....

I still had to pay for the listing fees because there were bids on the car .... I tried to email the other bidders but they had got cars already ......

I havent & refuse to use ebay anymore ......2 shaftings on there has made me learn my lesson :(

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YuGoStaR

If he were smart he would get some lawyers and sue his ass. THen make the dealer pay expenses.

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Fordy

Thats a nice EVO though.

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dave_au

Its a damn shame.

It is however, mighty impressive that this thread is now on over 20 forums. Talk about 6 degrees of separation

Pete84

True, there does appear to be a contract here, and a breach.

Under our system however (common law), the law has always taken the view that for a contract to be enforcable, concideration must have passed. - That is, there must be some exchange of value between the parties. The buyer would argue this, but I dont know how successful he would be. Also, I don't know what the specific terms of using ebay are.

If the buyer was in a country where the civil law system was used (eg: France), then it would be more than likely that he would win, as no "concideration" is necessary for a contract to exist. Civil law only emphasises the agreement which was made.

Also, for a contract to be valid, it must be voluntarily entered into by both parties, and things such as mistake (which the seller would argue), can invalidate a contract under our common law.

FInally, the fundamental principal of our law is "let the buyer beware". If, as said before, we were under a civil law system, its the reverse with "let the SELLER beware."

So unless the buyer gets lucky somehow, then id have to say bad luck.

Pete.

dave_au

Pete, consideration exists as the promisee (the bloke wanting to buy the EVO) has promised consideration (exchange of $26k for an evo). Consideration can exist of some right, interest, profit, or benefit accruing to one party by some forbearance of another