There is no CA case law or other case law on point, what the buyer has done is committed a breach of contract based upon fraud and that is the argument you have here. If the buyer has committed the acts of fraud you have grounds to void the contract based upon the fraud. Now, if the buyer and seller have agreed upon the price, the buyer and seller have entered into that contract under the terms that eBay has set forth, so they must comply with those terms and this is where eBay can, unlike another unconnected third party, can indeed interfere with this contractual obligation because the parties using the eBay service have agreed to that by using the service. Typically, without this type agreement, a third party that has no contractual privity with the parties cannot interfere in a contract between two parties under the theories of contract law, but here both buyer and seller do have a contract with eBay to abide by their terms and this makes eBay more than a third party which gives them a right to control the sales made on their site.
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