posted on April 15, 2001 09:00:17 PM new
Has anyone ever thought of taking a deadbeat bidder to Small Claims Court? My DBB stiffed me for over $700 and I've given it some thought but wondered about the logistics. First, is it possible? Second, where would the jurisdiction be...his place or mine? I figure with all the internet buying and selling going on, this topic has surely come up in lawyerly circles. Any thoughts or answers? I'd surely love to do this...and if deadbeat bidders knew they might be hauled before a court, maybe they'd think twice before bidding on items they have no intention of paying for.
posted on April 15, 2001 09:17:26 PM new
Actually, eventer, there was a financial loss. I did re-list the items but they sold for significantly less than the first time around. Then there the possible professional damage due to the retaliatory negs...loss of bidders? Anyway...I was just wondering if it's ever been done...or could be done and was interested in opinions/thoughts of other Aw-ers. Thanks
posted on April 15, 2001 09:23:08 PM new
eventer: Actually, although he could get the FVF refunded, he does not get to relist for free. The only time the relisting fee is refunded, is if the item did not get a bid the first time around. If the auction ends with a bidder even if they fail to pay, you still have to pay to relist the item and it is not refundable.
posted on April 16, 2001 03:48:18 AM new
First the disclaimer - I'm not a lawyer but I play one on tv (honestly, I'm a first year law student).
Check with legal aid, local law school clinic, or a helpful court clerk for the rules in your local jurisdiction. but my (limited) understanding of the law is this:
If you sell the same type of widget all the time then you have a lost volume. For your efforts you could have sold 2 of the same widgets instead of just one. In this case your bidder would be on the hook for the FULL amount of his bid.
If you only had 1 widget and the buyer wouldn't cough up the dough then you can go after the buyer for the difference in price and any reasonable expenses that you incurred trying to sell the widget.
I guess this topic needs to come up every 6 months or so...
You would have to go to HIS place and get him served with the papers. They cannot be mailed.
After the judge got done laughing and threw this out... please remember your auction is not a binding contract...no matter what you may think.
If the Bidder had sent you a bad check, that comes under something different. Most sellers here like to compare to retail brick and mortar so think of this...
I come into your store and want to buy a widget... but tell you to hold it till I check with my (insert whatever here), you hold it for me... during that time I find it somewhere else cheaper...do I tell you to not hold it? NO... But several days go by and you finally figure out I am not coming back, you could of sold it 3 different times... but was holding it for me... When you do put it on the floor again it has lost some value and now must sell it cheaper...
You have no claim, but if you want to waste more good hard earned money go right ahead...
Am I a Lawyer? No I am not, but have filed small claims before... on legally binding contracts.
Ain't Life Grand...
[ edited by twelvepole on Apr 16, 2001 05:21 AM ]
(honestly, I'm a first year law student).