Legal Question in Civil Litigation in California

Reneging of bid payment on Internet Auctions

I am interested in finding out how to pursue payment of reneged Internet auctions. In particular, I have an individual who has reneged on 8 auctions valued around $250. He has responded that he doesnt intend to pay and has been extremely caustic in his response. I have all of the e-mails including the auction transactions. Can I take him to small claims court and if so can I attach to the claim a penalty for violating the bid plus a penalty for his inflammatory remarks?

Asked on 4/05/99, 7:12 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Reneging of bid payment on Internet Auctions

The reneging buyer is probably in breach of a contract with you, and

a contract with the internet auction company of which you are an identified

third party beneficiary. You can sue him for the lost profit. You would have

to show reasonable attempts to sell the items again, and what the items eventually sold


No penalties are due for breach of contract. No penalties are due for his remarks.

Small claims court is appropriate. The best place to sue is where the defendant lives, as there

would be no question about whether venue is correct there.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910

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Answered on 4/09/99, 1:00 pm

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