N54 legal: can you pursue an eBay seller for "damages " if they won't deliver a card

[nolemmings]

Originally Posted by silvor

Does "acceptance" legally mean money was exchanged? Or is that not right? My guess if you paid, then they simply refunded, you have a better case.

But look at residential real estate...buyers back out all the time for no reason, and rarely are held accountable. And that's parties in the same state. The problem with ebay is you are crossing state lines (usually) and laws differ.

Acceptance by buyer does not require payment, which is performance. It likely would be a valid defense if seller could show that buyer had no ability or intention to perform, however. IOW, buyer would need to show he was ready, willing and able to pay.

Real estate transactions are different animals, and laws can vary widely from state to state. As mentioned, there is often a forfeiture of earnest money deposits and even down payments, depending upon the language of the real estate purchase contract and any limitations imposed by state statute.

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.