Legal Question in Credit and Debt Law in Illinois

I bid for items online, wasn't able to pay & pick up as requested by seller (see T&Cs; from the listing page below). Seller claims they sold same items for much less and is suing me for the difference. The relevant part of T&Cs; is below - I see that rights to merchandise is forfeited upon non-payment, that ownership reverts to seller, that seller can resell, that costs to seller associated with disposing or reselling items is my responsibility, but I don't see any provision allowing seller to sue me for the difference. Please help me understand.

" Payment must be made by Buyer to Seller the day of sale and prior to any removal of any item purchased hereunder by cash, wire transfer, bank check, or credit card. "

"In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal. Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer’s expense and Buyer shall not be entitled to any monies associated with the sale of such merchandise. Buyer will lose any right, title and interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in the state of Illinois, without regard to choice of law provisions, and each party irrevocably submits to the jurisdiction of the Illinois courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of Illinois. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal."

Asked on 7/11/17, 8:54 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

That is how disputes are resolved. Unless the terms and conditions prohibited a lawsuit (which can happen with mandatory arbitration provisions), most likely the seller can sue you for damages.

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Answered on 7/11/17, 9:05 am

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