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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3189
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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"I sold an item on Ebay. It was a local pick up only auction.

Resolved Question:

"I sold an item on Ebay. It was a local pick up only auction. The buyer stated they did not see the local pick only and asked if I would ship the item. I stated it would be very costly. I did not hear from the buyer for three days so I sold the item to a local buyer. Now the bidder of the auction wants to file a complaint for the item. Ebay stated to me the item was still mine and I could sell it. Can the bidder do this.

Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.

Customer:

hello

Customer:

general information is fine

LegalGems :

If the items was stated "local pick up only" and the buyer indicated that they were not able to pick it up, then this would be a breach. However, there are material and immaterial breaches. A material breach goes to the very heart of the contract, and results in the voiding/rescinding of the contract; whereas an immaterial breach is ancillary. It sounds as if the buyer was trying to renegotiate the shipping terms; generally this would not be considered material, as long as you agreed to the change (and he compensated you accordingly). 3 days is really not that long - ideally the seller should have sent notice that if pick up was not effectuated by X date (a reasonable time, or the time frame as indicated on the contract/advertisement) then the item would be resold as the buyer would be deemed in breach of the contract.

Customer:

so exposed legally since I sold the item to another buyer.

LegalGems :

If Ebay investigates the complaint, they may very well determine that the buyer's inability to pick up the item as specified constituted a breach. If you have email documentation of this exchange, that would be helpful. However, simply explaining it to the buyer in a reasonable manner could result in him not filing a complaint.

LegalGems :

Your argument could be that you were not willing to ship it; that it did not justify your time/energy; and that the T&C's specifically stated "pick up only".

Customer:

I have tried explaining this to the buyer. Yet they are still pressing me for the item. I no longer have the item. I guess I will wait and see if they file their legal complaint with the court and address it at that point.

LegalGems :

It would be best to document that since they expressed an inability to pick up the item it was assumed they were no longer interested, since the ad clearly stated that this was a pick up item only and that you don't deal with shipping. If they are not local (and presumably they aren't) that will only help your case.

Customer:

thank you

LegalGems, Lawyer
Satisfied Customers: 3189
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Expert:  LegalGems replied 11 months ago.
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