Quote:
Originally Posted by ArtPE
it did not say 'no reserve' in the listing, as far as I can see...
regardless, they will contend they did so by 'mistake', he'll have to prove otherwise...
and obviously it was a mistake, or they would sell the car...
why else? to 'lure' people in? why not set a reserve right below the BIN then?
because they made a 'mistake'...or error in judgement, not willful negligence or deceit...try proving otherwise...
to sue, you must prove damages, he incurred none...not being able to buy something is not a damage, it cost him nothing...
he'll have to prove their contention of mistake is wrong...good luck with that...
this nothing more than a computer age mis-advertised price case...
and law says when that happens it does not have to be honored...
it's just the way it works...fair? who knows...
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First off, get an eBay for dummies book, throw some popcorn in the microwave and read the chapter on Reserve Price. Sellers are not required to state "NO RESERVE" anywhere in their listings. This is an option the seller toggles either "on" or "off" while setting up the listing. When a buyer views the listing, the buyer can easily tell by looking at the main (top) part of a listing if there is a reserve price or not set by the seller. Once again, it does not need to be stated anywhere in the listing, some buyers choose to state "NO RESERVE" in their listing merely to draw more attention.
Second, he has a strong case because this was an auction. This is not an ad in autotrader or some newspaper classified section. This was eBay. The seller knew exactly what he was getting into and lost. That's the bottom line.