How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50942
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I have a question regarding an item I sold via eBay. Would I

This answer was rated:

Hi I have a question regarding an item I sold via eBay . Would I able get advice regarding it?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What questions do you have about this, please?

Customer: replied 4 months ago.
Hi Ben, thanks. Shall I give you my brief case description?

yes, please

Customer: replied 4 months ago.
My partner used my eBay account to auction a small boat trailer las august. Potential buyer phoned him and asked if he can come over and buy trailer . They have agreed to a price and My partner (Russell) asked him to phone him when he get closer to our property. Potential buyer travelled from Leeds to Lytham in Lancashire. The buyer and Russell missed each other . We never received phone call to confirm that buyer is coming, and when Russell realised that he been over (buyer left note) he phone him with no result. Well buyer never bid on the item via eBay and trailer meanwhile was sold to top bidder.
He wrote numbers of letters to us stating that we breached verbal contract and nearly 7 month down the line we receiving court summons with £650 compensation against us.

What is the £650 for?

Customer: replied 4 months ago.
loss of fuel and time travelling to our home 150.00
Compensation for breach of contract 250.00
Extra expense to buy new trailer 250 and labour
P.s. He potentially agreed to pay for our trailer 125.00!

A lot will depend on what was agreed between them at the time. A legally binding contract could be forced if there was an offer, an acceptance and consideration. For example, if the buyer had offered to buy the item for a set price, the seller accepted it and then the buyer showed consideration, such as travelling down on the promise of the sale, that could indeed have created a binding contract.

If the seller then breached the contract by not selling the item, they would be acting in breach of contract and the buyer could consider making a claim for compensation. However, any compensation must only be equal to any losses they have suffered as a result of this. They could consider claiming for the wasted travel costs, but apart from that they would only really be able to claim for a price difference between what they could have bought the item for and what they may have had to pay for an item with equal specifications.

The travel costs will only likely cover actual costs like fuel, not time. There is general compensation they can claim, unless they can show losses so that 250 may not be payable. The other 250 could potentially cover any extra expenses but only if this was a similar spec trailer, they cannot go and buy something much newer or better and then claim that difference. So whilst there MAY be a claim, it is unlikely to be as large as what they are after.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 4 months ago.
The buyer and Russell have agreed that buyer would come over and buy if he likes it. No guarantee that buyer would have taken it. However it was verbal. The auction was running and buyer never placed a bid to secure it. Russell offered to meet him again half way at his convenience but he didn't responded to that. It was small jet ski trailer. The buyer is 75 years old and wanted it for gardening tools transport

the item could have been sold outside of auction, the auction has nothing to do with it if there was a separate agreement to sell. So it all comes down to what was agreed verbally. If it was just a viewing, with a possibility to buy, then there is no contract., If he agreed to sell it to him before coming down, then there would be contract

Customer: replied 4 months ago.
I see, but we were also tied with an official auction, how does law can disregard an auction and missed opportunity by the buyer to bid and secure the item (via eBay)

the auction could have been ended early if necessary, but it would not have been a requirement for that buyer to have then bid on the auction to secure the item, if a binding contract was reached outside of the auction.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok thank you very much for your advice. I will "fight" the case in court if needed. Just hope judge sees full picture

Very much hope so too, best of luck!