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taking someone to court over auction

hk-91
have any of you accually taken someone to court over an online auction. i'm considering doing this. just won a auction and seller tells me he sold item in shop. kinda convenient sense it was a 600 dollar scope the he had a no reserve auction on and i won it for .26 cents. i checked his feed back and this is not the first time he has done this. he did it to another guy on a gun with no reserve. now had the guy been honest with me and told me hey i dont want to sell the scope for .26 i would have worked with him but i hate being lied to. i checked the auction more then once and there is no were in there that states item was for sale locally. just wondering what kinds chance i would have it i did want to take this farther.
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Comments

13 comments

Date Votes
  • HandgunHTR52
    It seems to me that the cost of taking him to court would be more than $600. So, would you get the satisfaction of sticking it to the guy? Yep. Would it be worth it? Nope.
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  • tobefree
    to me a $600 Scope for $0.26 is a pipe dream....But they say faith the size of a grain of sand can move a mountain, so maybe you'll get your scope.
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  • tacking1
    did his auction state that the item was for sale on GB subject to being sold in his store?
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  • hk-91
    no i re read the auction info 3 times and it doesnt state that it is for sale in the shop any were.
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  • Spider7115
    Just give him negative feedback, open a fraud report issue at Gunbroker support and chalk it off. You would have to mitigate damges in court meaning you have to prove you suffered a financial loss as a result of his refusal to sell. One judge might award you $600 or another may just give you 26 cents as that was determined to be the true value of the scope based on the auction price!
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  • slipgate
    I do not think the auction seller (or buyer) is legally obligated to complete the sale. This comes up on EBay all the time.

    Most states have a "right of rescention" period.
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  • Spider7115
    quote:Originally posted by slipgate
    I do not think the auction seller (or buyer) is legally obligated to complete the sale. This comes up on EBay all the time.

    Most states have a "right of rescention" period.

    This is from eBay's unpaid item policy http://pages.ebay.com/help/policies/unpaid-item.html

    "Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction or use the Buy It Now feature. eBay's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase."

    Also, the "Right of recission" (not rescention) generally applies to door-to-door sales to avoid undue pressure by an unsolicited salesman. In an auction, the buyer willingly purchases the item offered for sale.
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  • awinds
    Call Judge Judy.[:D]
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  • hk-91
    this was a gunbroker auction. i just didnt want to add that right away. dont know the rules about posting about gunbroker auctions.
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  • thunderbolt
    I wondered what would happen when someone won a penny auction that went no where. Now I know.
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  • kristov
    I have to agree with Spider and ask what are your actual damages from his refusal to sell you the scope?
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  • joker5656
    well you can certainly sue in civil court. all you need is 20$. Says it in the constitution. Also auctions are legally binding contracts. You would probably have to sue him in his state since that's were the auction is. Also I'm sure you could recoup some damages maybe even your court cost including your flight if you sue him.

    Also, there was some cases won just like yours from people on EBay. Some guy lost his plain to a guy that bid, the person doing the auction had a better offer from someone else and didn't want to give it up, he lost in court and had to give it to the bidder. Also there was case where a judge said a person hosting an auction can decline an bid before an auction ends.
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  • joker5656
    quote:Originally posted by kristov
    I have to agree with Spider and ask what are your actual damages from his refusal to sell you the scope?


    thats easy, his time, its what you can prove. he could of been going hunting so that cost him getting a deer or whatever he planned to hunt. He couldn't go hunt, he was late for work waiting for his auction (its what he can prove).
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