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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have a situation on ebay. i have made an offer price to

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hi, i have a situation on ebay. i have made an offer price to sell an item. he accepted my offer by words of exchange or email. i have massively undervalued the item and would like to keep on the ebay auction. We have no signed agreement and he has paid no deposit. Am i still legally bound to sell him the item.
JA: Where are you? It matters because laws vary by location.
Customer: im am in london
JA: What steps have you taken so far?
Customer: none in terms of contract or delivery. he has not paid for the item.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

You can say to the buyer that you made a genuine mistake and as such you do not consider there is a binding contract. There needs to be an offer, acceptance, consideration (i.e. money being paid) and intention to create legal relations. If the contract had concluded and they paid, it would be a different matter if you subsequently told the buyer you made the mistake - but at this stage no money has changed hands and you can cite "mistake" in contract law and tell the buyer there is no valid / binding contract in existence.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 3 months ago.
hi
i have said this information to the person. he says that we are in a legal binding agreement. he is threatening to take me to a small claims court now if i do not sell hime the item. are you sure that this is not the correct law in the uk.

Yes.

If you want me to opt out so that you can obtain a second opinion then no problem - please let me know

Customer: replied 3 months ago.
I would like a second opinion

OK, I will opt out to let someone else help you with a second opinion.

Hello my name is ***** ***** I will help you with this.

I have seen my colleague has said, what else do you want to know?

Customer: replied 3 months ago.
this is what person has said to me I want to know if he is correct
Oliver,Is this message intended for me?I certainly hope not. I might remind you that a legally binding agreement can be verbal; it does not have to be written. However, here we clearly have an offer and acceptance - the two requirements for a legal contract. Your second offer at £1,100 was accepted in full without exception or change. You have offered and I have accepted - this is a legally binding agreement. If you are in doubt I would suggest that you talk to a solicitor.Please do not think that I won't take this to the Small Claims Court. I have had a similar case earlier this year and it was found in my favour as it was as clear cut as this agreement.Can I now suggest that you remove both listings and continue with the deal as agreed. I am intending to be with you on Thursday but will make contact prior to leaving.Regards,

Technically its a legally binding contract.
BUT, nothing was in writing.

As such you can rely on the law of mistake. You made a mistake as to the price as per value.

You are not a business, you are a consumer. You are therefore entitled to resile from the mistake.

So yes, you can correct it.

The buyer is just blowing hot air and trying to bully you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 3 months ago.
Hi again following my.previous messages, he has now sent me an emailOliver,Thank you for your message.This is quite simple. We either proceed with the transaction, the contract, or I will hand this to my solicitor who will take you to the Small Claims Court. Please let me know by midday tomorrow 17 June so that I can take the necessary steps.Regards,Mark

You do not need to do anything.

He is trying to bully you.

It shows that he does not know what he is doing as the rules say he must give 14 days notice !
Does that clarify?

Customer: replied 3 months ago.
ok great thanks
Customer: replied 3 months ago.
do you mean 14 days notice to take me to court

Yes. 14 days notice.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13355
Experience: Solicitor
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