Legal Question in Technology Law in California

Internet auction a binding contract

Is an internet auction binding? A seller listed an item for the 10 day duration and at the close of auction I was high bidder. Seller now states he wants more money and won't sell. In the auction he stated no minumum price. Is he obligated legally to me to follow thru with the deal?


Asked on 12/18/99, 2:56 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Internet auction a binding contract

I am not a California lawyer, so would simply suggest that unless this is a big ticket item worth a lawsuit, you email a complaint to the complaint person at the auction site and,if it is ebay, post negative feedback on the seller. My wife has found that effective in similar situations on Beanie Babies when sellers welch.

Bruce Burdick

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Answered on 12/20/99, 5:20 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Internet auction a binding contract

Internet law is still highly undeveloped. Under the usual rules of contract (which do apply) the sale is binding but you may not be able to get your local court to accept jurisdiction over the case. You may be faced with have to sue him where ever he lives.

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Answered on 12/23/99, 2:34 am


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