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  1. #1
    Join Date
    Nov 2009

    Default A Seller Broke Their Contract Agreement with Me on eBay - What Are My Options

    I am from Michigan and zipzoomfly operates out of California. I recently won 10 power supplies at 40.95 USD each with free shipping through a Buy it Now on eBay. I paid immediately and received confirmation letters that the payment was received and cleared. On Monday (11/9) I received an email stating that due to computer errors my account was canceled and they would refund me the money. I called instantly and was told that there was no way they would sell me the product at that price (it retails anywhere from 160-190 USD) so because they made a mistake they deemed they were off the hook. I have filed complaints through both eBay and the BBB against them as this is a blatant breach in eBay's user agreement and contract law as quoted from eBay "Seller assumes all responsibility for this listing." and "While using eBay sites, services and tools, you will not: [item 5] fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; "

    It's black and white they are breaking the law. I searched their feedback and found roughly a dozen people that this has happened to in the last year. The total value of the 10 units if they were to be resold at a conservative price on ebay or amazon would be 1,500 USD gross. So the net profits would be over 1,000 USD less any shipping fees and seller fees accumulated. What are my options that I have?

    Thanks for reading and offering opinions/suggestions/help

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: A Seller Broke Their Contract Agreement with Me on eBay - What Are My Options

    You can see how your eBay complaint pans out. Maybe they'll honor the sale if that's what's necessary to keep their account.

    You can sue in Michigan, try to register any judgment you receive in California (subject to their objection that the case should have been tried in California), and try to enforce it against them in California.

    You can also sue them in California, but obviously that significantly raises the cost and burden on you.

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