Ebay Member Sue Me After I Cancel Sold Item?

I was selling something on eBay, I sold it elsewhere before the listing had ended, however it was too late to cancel the listing and bids had been made, so I had to watch the bidding end. I sent a message to winning bidder before he paid explaining, but he paid anyway, which I refunded immediately. I now have an email from a lawyer saying I have to deliver to item within in a week, as I entered a sales contract, and if I don’t they will take legal action. Please somebody tell me if they have any grounds as ive never heard anything like this happening. What can I say to get round this if they do? Thanks

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5 Responses to “Ebay Member Sue Me After I Cancel Sold Item?”

  1. alice says:

    did you add in your description that you were also offering the item for sale outside of Ebay and that it might be sold before auction eneded…

  2. Nichole says:

    I would try talking to,the person send them a message and explain your situation and why you had to sell it faster then after that talk to a lawyer some will talk to you on the phone free of charge. That’s why I don’t do bids I have heard about stories like that. And I have been a winning bidder only to cancel the product because my nephew got a hold of my computer while I went to the restroom but luckly the person who was the seller of that product was very understanding. I hope all works out the best for you. What was the product anyways it’s kind of odd to go to a lawyer over something so little.

  3. The Ghost of Christmas Past says:

    There is a contract between you and the winning bidder to sell the goods to him at the winning bid price. If you withdraw from the contract, he can sue you for his financial loss. Unless you were offering something at a rock bottom bargain price, he’s going to have an awful lot of trouble proving he’s made a financial loss. If you’re going to be dishonest, please stay away from eBay.

  4. Margaret A says:

    unfortunately if you put an item open to bids you can cancel the listing before someone bids but not after as you know. so you must never sell the product elsewhere. i am not surprised they are annoyed, but if you haven’t got the product what is the point of taking legal action. far better to report you to ebay and leave it for them to discipline you . they do have grounds but unless it was a really expensive item being sold cheaply as i said there doesn’t seem any point.
    you have already told him you have sold the item privately , so you can’t say its lost or broken. probably time to apologise profusely and reaffirm you haven’t got the item but have sold it. he probably thinks you really do have the item and just didn’t get what you expected for it so lied to him.

  5. tanitha says:

    Yes he can sue
    I’ve sued someone successfully in slightly similar circumstances (they just decided they didn’t want to sell it to me in my case despite 1000+ perfect feedback – and I’d already paid)
    The point is that you’ve entered a contract, which you can’t get out of. If it was lost you’d still be liable as you’d have to take care of the item – the second he paid it was his.
    If it was broken in the post or similar, then he could sue the post office or the courier
    In other words, once there’s a legally binding contract, he can sue *someone* – which here looks set to be you.
    He will sue for breach of contract in the small claims court. Your one chance, however, is that he won’t bother – it really depends how cross he is If he’s bothered to get a lawyer then he might well see it through and you’ll probably just have to pay up and not break any contracts in the future.
    To answer your specific question, he can sue because there’s a contract – that simple. Ebay’s T&Cs explain all this. Equally, you would have been able to sue him if he’d bid and not paid

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