Legal Question in Business Law in California

Hello,

I'll try to keep this succinct & I appreciate any advice.

I've had an ebay store for a couple months now. Just over 2 weeks ago, I began experience technical issues that basically renders my store useless, and have had no sales. Also, am losing dozens (if not 100-200) potential new customers.

Just wondering if I have legal options? I am assuming would be in small claims court. I am located in CA, as is ebay (if that helps at all). Also, I am a sole-proprietorship business, am I still able to utilize small claims court?

Thanks in advance for any advice.

Regards,

Pedraum


Asked on 10/28/12, 10:13 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes, but read your agreement with eBay, especially if there's a section about what happens if there are technical issues. In addition, if you do go to small claims court, make sure to bring evidence of your sales before the technical issues occurred, so that you can prove your loss.

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Answered on 10/28/12, 10:30 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In abstract theory, you could sue a site operator (such as eBay) in Small Claims Court, further assuming you sued in an appropriate county such as the county where the defendant is doing business. However, based on the information given, and my general knowledge of the legal position of on-line merchandising services such as eBay, I'd think you chances of winning are very, very small. Perhaps if you could sharpen your claim against the defendant to the point where you can allege and prove that it is illegally interfering with your business, you'd have some chance of prevailing. There are many, many unhappy sellers on these on-line sites, and they have an assortment of complaints, but few to none that I know of, at least, are making any progress against the sites' policies. Further, if it is truly a technical problem, I'd assume it is yours to fix.

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Answered on 10/28/12, 10:43 am


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