Help--question about EBAY--need a lawyer

[bikertat]

I won an auction last night and I called the gentleman this morning about arranging payment and shipping and he told me he was not going to sell me the item...:dontknow: ......He said that he had the "reserve" and "buy it now" price set at $5K----He did indeed have "buy it now" for $5K but no reserve. The starting bid was set for $2500 and I bid $3100, so to make a long story short, I was the only bidder so I won it for $2500. He said Ebay messed up (stated that he had a reserve price) and he wasn't going to let the item go for $2500....I called and spoke with Ebay and Ebay reviewed his listing and Ebay said he had NO reserve set. I live in Illinois and he lives in California....Is there anything I can do or is anyone a lawyer on here from Cali who would like to go after this guy for me??...I really wanted this item for my father.....and now this gentleman is not living up to the contract through ebay.....HELP!!!!! He told me to sue if I wanted, he didn't care and hung up on me...... Will it be a waste of time going after this guy????

 

[eddie102870]

file a complaint on ebay they will suspend his account until he makes it right. but there's ways around that too.

 

[bikertat]

file a complaint on ebay they will suspend his account until he makes it right. but there's ways around that too.

I have to wait 10 days to file the complaint and I told him I was going to do so, and he stated he didn't care he would just cancel his account anyways....I don't know why he would do this, cause he has (what seems to be) a good business in Cali and a nice website for his business....

 

[eddie102870]

never know about some folks, i would start with leaving bad feedback and go from there, hope you get it worked out. he ought to have had enough sense to set up the auction correctly on something of that value.

 

[bikertat]

never know about some folks, i would start with leaving bad feedback and go from there, hope you get it worked out. he ought to have had enough sense to set up the auction correctly on something of that value.

I am going to go through with all the correct channels first, negative feedback and such, but I spoke with my family lawyer and he said that he could find a lawyer in Cali to take the case for me, but I would have to pay an attorney fee....I could sue for court cost, but not attorney fees.....Its really a cut and dry case, he broke a legal contract---plain and simple---atleast I would think....

 

[eddie102870]

yep but o.j. got off out there too so it probably would be a waste of time to spend any amount of money on.

 

[TheMoparConnection]

I guess it depends on how bad you want this item. and then after all is said and done, will he still have it or would he have sold it for what he wanted for it?

 

[includemeout]

Small claims court is where you will probably end up.
Even if you win it is a bitch to collect. You would have to send letter of demand (has 30 days to respond to your demand) if no response then you go to court. If you win,good luck collecting as it is not a judgement!!!

After they don;t pay , you have to drag them back for an Order of Examination, then you can make the person disclose thier assets so you can
proceed back to the court for a judgement, again good luck collecting without the judge having the person arressted for contempt, the bail amount is usually the amount of the judgement, if they ever find the person.:2in1:

All this requires that they are served, if they can be found.
Good Luck.................... File a Claim with ebay so the person gets banned, again Good Luck:2in1:

 

[shade]

It is a binding contract when you bid on ebay and you did legitimately win based on your post.
Your attorney/family friend is not accurate about getting your attorney's fees.
When you file the complaint you would ask for attorney's fees. While asking, even in a clear cut case does not mean a judge/jury would grant those.

1. First thing you need to ask yourself is, is this item worth the hassle to go through.

2. If so and you have the funds for an attorney you have to be prepared that you MAY not recoup your attorney's fees.

3. Next is the amount you spend on an attorney going to be more than the item. In your case its possible - with that you need to think about Item #2.

I would first go through the local channels like ebay then move to the BBB in California against his business.
If he has a legitimate business in CA then he could be in big trouble. CA is very consumer friendly and and filing against the BBB may be reason enough for him to follow through. If nto then I would seek advice from an attorney not affiliated with family.

Good luck

 

[bikertat]

Its actually not about the item anymore (although I still want it).....I, along with many people in the world, are tired of getting ripped off by people like this guy....its the principle...if he does it to me, then he'll continue to screw people over---and things like that should not go on....

 

[bikertat]

It is a binding contract when you bid on ebay and you did legitimately win based on your post.
Your attorney/family friend is not accurate about getting your attorney's fees.
When you file the complaint you would ask for attorney's fees. While asking, even in a clear cut case does not mean a judge/jury would grant those.

1. First thing you need to ask yourself is, is this item worth the hassle to go through.

2. If so and you have the funds for an attorney you have to be prepared that you MAY not recoup your attorney's fees.

3. Next is the amount you spend on an attorney going to be more than the item. In your case its possible - with that you need to think about Item #2.

I would first go through the local channels like ebay then move to the BBB in California against his business.
If he has a legitimate business in CA then he could be in big trouble. CA is very consumer friendly and and filing against the BBB may be reason enough for him to follow through. If nto then I would seek advice from an attorney not affiliated with family.

Good luck

You may be correct, I may have misunderstood about the attorney fees...He may have stated that I may NOT get the money back for the fees....Like you said, which I didn't think of, I'll get ahold of the BBB in Cali and then file with ebay, which he stated he didn't care anyways....he would just cancel his account----Maybe Judge Judy could help I just thought if someone knew a lawyer on here or was one, would do it for me for a fairly cheap fee...

 

[SilvrSRT10]

At least you didn't pay him already. Then you'd be stuck trying to get the item or your money back. Sounds like this guy is going to be a real pri(% and it's going to be more trouble than it's worth. Even if you get him to send it to you he may do damage to it to spite you. My .02 spend it wisely.

 

[bikertat]

At least you didn't pay him already. Then you'd be stuck trying to get the item or your money back. Sounds like this guy is going to be a real pri(% and it's going to be more trouble than it's worth. Even if you get him to send it to you he may do damage to it to spite you. My .02 spend it wisely.

That has crossed my mind also....probably would do about $2500 in damage to the internal parts, then I'd be out the money.....I'm just venting here...just really pisses me off.....If the shoe was on the other foot, he'd be pissed if I didn't pay.....

 

[BlackKnight]

Could you find the item from another seller on Ebay or perhaps through another source? I've experienced small claims court when I went after a guy who owed me money and its a huge fn' hassel. There are filing fees, fees to have them served (which you can't do, I had the sheriffs dept serve him) and then all the time you spend going to the court house to file and then back again for the court date. If he can't get served within a period of like a week, you have to start over, file again and pay the serve fee AGAIN. Its not worth it especially if you don't live in the same state as this guy. Just find the item somewhere else if you can. Good luck with whatever you decide to do

 

[bikertat]

Well the item number is 170105184678......maybe someone on here knows where I can find one like this to buy....thanks for all your comments...

 

[flchub]

Well the item number is 170105184678......maybe someone on here knows where I can find one like this to buy....thanks for all your comments...

THAT # ITEM IS FOR A PENIS PUMP!!!:rofl: JUST KIDDING ,UR NOT THE ONLY ONE TO GET SCREWED ON EBAY,JUST LET IT GO

 

[OCBob]

You could make a trip out to Disneyland and stop by and stomp him LOL. You won't get the baseball machine, but you might get a little satisfaction hehehe.

That really sucks though. Some people's kids.

 

[MUTT]

honestly, i would try and work it out with the guy if you really want the part, if not let it go, it will cost you money and you still wont get anything....like he said, he will just shut down his account and open a different one....some people on ebay suck!

 

[bikertat]

You could make a trip out to Disneyland and stop by and stomp him LOL. You won't get the baseball machine, but you might get a little satisfaction hehehe.

That really sucks though. Some people's kids.

You're right....that would be some great satisfaction, but the a** will probably sue me for kicking his butt---and he'd probably win!!!!!!!

 

[bikertat]

THAT # ITEM IS FOR A PENIS PUMP!!!:rofl: JUST KIDDING ,UR NOT THE ONLY ONE TO GET SCREWED ON EBAY,JUST LET IT GO

Damn....wrong item number Your right, I'm just venting tho....but if anyone does know of one of these pinball machines---let me know....I'm interested...thanks again for listening to me vent....