[nolemmings]

Originally Posted by packs

I don't think this is viable. Let me throw another hypothetical scenario at you that has a similar theme:

Let's say you bought and paid for a Babe Ruth single signed baseball from an auction house. The auction house sends you the baseball, but it's not authentic. The auction house offers you a refund so that you're made whole, but you insist they send you an identical authentic Ruth instead. And then sue them for damages related to a future sale of the valuable baseball, which you now aren't able to sell.

I don't think that situation would end well for anyone. I'd neg the seller and forget about it.

Many auction houses have liability limitations as part of their rules/terms, precluding recovery of "benefit of the bargain" damages that I discussed earlier. Some states have specific statutes barring recovery of these types of damages in certain kinds of transactions. I did not review Ebay's rules nor the laws of any particular state. If the auction house rules provide that its liability cannot exceed the amount of the bid price, for example, those are most likely going to be upheld.

STANDARD DISCLAIMER: This comment is general and is not to be considered as applicable to any specific situation or as legal advice you should follow. Please seek a consultation with legal counsel and provide a full description of your facts and circumstances if you want a formal legal opinion.