Legal Question in Consumer Law in Michigan

Non Selling Seller at Online Auction

I recently purchased a car at Ebay. Just before I am ready to pay the seller the payment, he refused and told me that he did not want to sell the car anymore. Therefore, no payment has been sent. Furthermore, I had already made an agreement with a dealership that I would sell the car to them. I agreed that I would pay him $ 250.00 if the deal does not come through.

I asked the seller to reimburse me for the $ 250.00 but he refused again. Can I do this eventhough I have never paid him the payment of the car? Can I take him to a small claim court for this money?

Thank you for the help.


Asked on 7/23/03, 12:40 pm

3 Answers from Attorneys
Robert Harlib Robert S. Harlib, Attorney At Law

Re: Non Selling Seller at Online Auction

It is highly doubtful you can recover the funds based on those facts.

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Answered on 7/24/03, 9:42 am
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Non Selling Seller at Online Auction

We are in receipt of your e-mail of 07/23/03. Unfortunately, our caseload at this time is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 7/24/03, 2:45 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Non Selling Seller at Online Auction

It really depends on what the individual terms of your agreement were - the auction agreement that is. If it stated you must pay him within a certain period of time and you did not, you are out of luck. However, even if he renegued on the agreement, it would be hard to justify you getting $250 for a deal that you made which is odd in itself - it just does not seem like a foreseeable cost. So, no, I do not see a chance.

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Answered on 7/23/03, 4:35 pm


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