Re: Guy wins new EVO for 26K on Ebay from shady dealer, dealer won't give up car.
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.