Legal Question in Business Law in California

Re: if I won a bid in an auction shopping website and I want to cancel the order

When you placed your bid, you made an offer. If the offer was accepted (as it sounds like it was) then a contract was probably formed. He could sue you. His damages, if he won, would be the difference between the amount you agreed to pay and the amount he was able to sell the item for to some other party.

There are other issues involved, you should consult a lawyer if the dollar value is large enough to cause you great concern.

Re: if I won a bid in an auction shopping website and I want to cancel the order

This site is meant for somewhat simple questions about the wall and specific fax situations. It is not meant, in my understanding to go over documents on behalf of the questioner, analyze those as to his specific needs, and render an opinion. Basically lawyers get paid to do that kind of work. My advice, go to lawyer, copy of the eBay policy and let him read it and advice you properly. If I am wrong I apologize.

Re: if I won a bid in an auction shopping website and I want to cancel the order

I have not examined the policies for you, but I am generally familliar with them from my own use of the same web site.

The seller is correct. You accepted the terms of the auction site when you joined, and those terms make it very clear that a bid is binding unless another bidder offers more or the bid is properly withdrawn under very limited circumstances. The seller can sue you if you back out. The web site can also suspend or terminate your account.

Having said that, I note that a suit is unlikely unless there is a large sum at stake. The seller's damages are limited to the difference between what you bid and what he is able to sell the item to someone else for, plus any additional expenses he incurs along the way. He may be able to contact the next highest bidder and persuade that person to buy the item for the amount she bid, in which case there would hardly be any damages at all. But bidders are only obligated to buy if they win the auction, so she can say no to this request.

The bottom line is that eBay is not a game. You have an obligation to buy this item for the price you offered and the seller has the right to sue you if you refuse.

Re: if I won a bid in an auction shopping website and I want to cancel the order

A good question for us to discuss here, thank you.

Your bid is NOT an offer but an acceptance. Your acceptance of their offer creates a binding contract.

Is there some reason you believe you should be able to get out of this agreement?

Joel Selik

www.seliklaw.com

Re: if I won a bid in an auction shopping website and I want to cancel the order

Yes, you could be sued.

eBay rules are similar to those of auctions in general. A bid is an offer to buy at the price bid, and if it is high at the end of the auction, the bid is then deemed accepted and a contract is formed.

The eBay "buy it now" feature is somewhat different in that placing a "bid" at the asking price is really an acceptance of the seller's offer at that moment, and a contract is formed at once. eBay also has some real-estate listings in which "bidding" is non-binding and only amounts to an expression of interest leading to further, off-eBay, negotiations.

However, in general, winning bidders must pay or face unfavorable feedback, blacklisting or suit.

The probability of a suite depends upon the economics for the seller-plaintiff. The seller's damages may be the entire selling price if he has lost sales volume as a result of your breach. However, if the item is unique (such as a one-of-a-kind collectible), which the seller can re-sell at close to the same price, he is only very slightly worse off due to your breach and accordingly can recover only slight damages, making suit less likely.