My question involves court procedures for the state of: NC
I won an auction for an expensive piece of equipment ($4,500). The seller had listed this numerous times before at a higher price, which attracted no bidders. The seller started the auction I won at 4k and I won the listing for $4,500. I contacted the seller about scheduling pickup and was initially told that he would not sell me the item to be because the price was too low then some bull**** about the item being sold earlier that day (the auction ended at 8am in the morning, the seller is full of it). I can buy a near identical item buy it now on ebay for $4,500 over the final price of the auction I won ($9000).
Can I sue the seller in his home state for the difference in what it would cost to purchase a nearly identical item, $4,500. Please let me know if you think I have a case I can win. I am located a few hundred miles from this seller, so I have no problem driving to their home state. he seller could have set the min price higher or used a reserve price to set his "min bid". After the seller told me over the phone he would not sell me the equipment he filed a cancellation request through the ebay system, which I rejected. He claimed to have sold the item at a higher price to another buyer hours before the auction closed (8am). I highly doubt he sold the item to someone else. This was the 3rd time the seller attempted to sell the item over the last 3 weeks, the market would not pay his min bid of 6k the week prior and he added to the description hours before the close.
In regards to how much I actually lost. I would argue that by not selling me the item for my winning bid amount I will have to purchase a similar item (nearly the same machine, model, condition) from another seller at an additional cost of $4,500.
One last question, please let me know if there is a way I can avoid traveling to his state to file the summons, complaint and case? Thanks