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Old 02-14-2009, 05:03 AM
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Default What should I do, ebay problem:

Posted By: Steve Murray

"Sorry. If a seller makes a mistake then he is NOT obligated to sell. There is undisputed legal precedence on this. And it is clear that when he immediately said there was a problem that there was a mistake. Afterall, why would he complain for a sale he wanted?"

I repectfully disagree:

The legal principle as to whether there is a binding contract is whether there was a "unilateral" mistake of fact or a "mutual" mistake of fact.

Here the seller made the mistake, not the buyer. As a "unilateral" mistake it is not voidable and is a binding contract.

With that said I would take the position that most here have: Recognize that the seller made what appears to be an innocent mistake and let it go.

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