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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I bought an item on the on line auction site e-bay at a figure

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I bought an item on the on line auction site e-bay at a figure considerably below the market value. e-bay say that I won the auction but the vendor is refusing to complete the transaction. What action can I take
Thank you for your question. My name is ***** ***** I will try to help with this.
Is the item one that you can purchase elsewhere easily?
Customer: replied 3 years ago.

Yes, it was a sofa

Thank you.
The seller is in breach. You won an auction and you are entitled to complete. However, whatever he should do the fact remains that he is not.
You can always complained to eBay about this who will side with you but ultimately cannot force him to send out a sofa if he refuses.
You cannot force specific performance of this contract because the sofa is a generalised item that can be purchased elsewhere.
What you could do though is purchase a similar item elsewhere and sue him for the increase in price.
Can I clarify anything for you?
Customer: replied 3 years ago.

Could I take action through the small claims court to recover the difference between the sofa's market value and the bid price?

You can claim if you have to buy elsewhere at a higher price.
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