Legal Question in Consumer Law in Maryland

Breach of of contract on EBAY

I set up an EBAY account for my friend to sell a car.

I then posted an auction add for my friend to sell the car on EBAY. During the auction, I answered email questions about the car for him. I was basically an intermediary between my friend and the bidders. My friend paid me $100 for my work. At the end of the auction my friend told my he had sold the car to a private buyer. My friend told me to email the winning bidder that we couldn't sell him the car because it was sold privately, outside the auction. I did so, and the bidder sent an email back saying that he would do anything legally necessary to get the car. I wanted to know if the buyer can come after me or only my friend. Also, what should we do now?


Asked on 4/17/04, 9:42 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breach of of contract on EBAY

Depending on how the vehicle was listed on E-bay, there may be an obligation to perform by selling the vehicle to that buyer. The private sale may also be actionable for performance. Now if the car was sold twice then one of the buyers may have recourse depending on the terms of the sale.

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Answered on 4/17/04, 7:00 pm


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