Accepted Answer

Yes, an ebay auction is a contract. If you enter into a contract and the seller breaches the contract you can sue. Now, depending on the amount you may be able to sue in small claims court. But here is the key...you will need to sue in the state (and county) that the seller is located. SO if the seller is in CA, you can sue CA.

If you are simply trying to recover the value of the item you can sue in small claims. But if you want to sue for "specific performance"...that is have the court order the sale to be completed...you will need to sue in district court.



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Expert:	psimmons
Pos. Feedback:	99.5 %
Accepts:
Answered:	11/5/2009

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Law Degree, 12 Years of trial experience