From: The Older Gentleman on
Fran <autumnacorn(a)vendredi.fr.com> wrote:

> seem

> I suspect

Yadda yadda yadda.


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Try Googling before asking a damn silly question.
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From: Peter Parry on
On Sat, 28 Nov 2009 01:25:24 +0000, Humbug <humubg(a)tofee.net> wrote:

>How easy is it to sue an eBay seller for loss of bargain?

As easy as it is to sue any other trader. The process isn't at all
complex. How successful it may be in actually recovering money may be
another matter. If the seller is someone obviously trading as a
fairly major activity it shouldn't be a problem. If they are
operating on the limits of survivability and are quite happy to lose
their trading name it is likely to be impractical.

My point was not so much that that avenue was open to the buyer but
rather that the starting point should be what the buyer and seller
have already agreed.

That was that the seller would sell certain goods at a certain price.
The seller had apparently made a mistake in their pricing (but not an
obvious one). After accepting the buyers payment the seller has, in
the absence of specific terms to the contrary, agreed to a contract to
supply goods to the buyer at that price. They are going to make a
loss on the transaction but that does not negate the agreement. Both
legally and morally they are bound to complete the contract.

From: Fran on

"Peter Parry" <peter(a)wpp.ltd.uk> wrote in message
news:e9t7h5t341vha40ujaen22sg5tntt4osef(a)4ax.com...

> Most web sellers avoid the problem by specifically making acceptance
> of the offer and establishment of the contract only at the point of
> despatch of the goods, thus allowing themselves time to correct
> mistakes.
>

This seller sent a despatch confirmed email.


From: The Older Gentleman on
Peter Parry <peter(a)wpp.ltd.uk> wrote:

> Usually he isn't, or at least not once he has accepted the buyers
> offer. There are a few exceptions, one being where the price
> difference is so great that it should have been obvious (the TV Argos
> advertised for 10p by mistake was one such).
>
> Most web sellers avoid the problem by specifically making acceptance
> of the offer and establishment of the contract only at the point of
> despatch of the goods, thus allowing themselves time to correct
> mistakes.
>
> The eBay contract does not as far as I can see allow for this so if
> you send an acceptance e-mail (manually or automatically) when an
> offer is made the contract is binding and cannot lawfully be broken
> unilaterally. If you have got the pricing wrong then as the seller you
> have to live with your mistake or break the contract and accept any
> consequences for doing that.

Deliberately left unsnipped.

You're quite useful, you know :-)


--
BMW K1100LT Ducati 750SS Honda CB400F Triumph Street Triple
Suzuki TS250ER GN250 Damn, back to six bikes!
Try Googling before asking a damn silly question.
chateau dot murray at idnet dot com