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

[Bcwcardz]

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.

I remember as a buyer of real estate I had a certain amount of time(I think 48hrs) to change my mind. I don’t think a seller has that right. For sports cards I don’t think there is any precedent for the situation. I really wouldn’t bother if I got refunded. That’s me though and I’m not much for confrontation.


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[Michael B]

Originally Posted by Bcwcardz

I remember as a buyer of real estate I had a certain amount of time(I think 48hrs) to change my mind. I don’t think a seller has that right. For sports cards I don’t think there is any precedent for the situation. I really wouldn’t bother if I got refunded. That’s me though and I’m not much for confrontation.


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In real estate transactions the seller can and does change their mind. It is not the most prudent thing to do, but it does happen, especially when they discover they can get more money from another buyer. The downside is that the buyer, if they want the property bad enough, can file an action in civil court for specific performance to compel the owner to sell to them. Some cases are found in favor of the original buyer. Depending on the offer and the P&S (Purchase and sale) agreement, you could back out as a buyer well after 48 hours. The property failing inspection is one reason to void the offer. Another example would be if the property is not marketable, where the title can stand on its own without any defects. It could be insurable, where the title insurance company is willing to insure over the defects based on risk analysis, but not marketable. Most offers and P&S's will say insurable, but I have always added the words 'must be marketable, not just insurable' when I have purchased. Disclosure: 33 years as a title examiner and know quite a bit more property law than a great percentage of attorneys.

[jfkheat]

How did this turn into a real estate discussion?

[Michael B]

Originally Posted by jfkheat

How did this turn into a real estate discussion?

The nature of a good conversation. The two attorneys, Todd and Adam, addressed the standard contract, UCC-1 issues and pretty much answered the original question. I felt the few generalized real estate comments deserved comments, thus the conversation morphed. Not every conversation need be a railroad track, straight and narrow.

[ALR-bishop]

And what if the transaction occurred on a cruise ship traveling in the Gulf of Aden ? Would maritime law come into play ? Law of closest country ? Does it matter in which country the ship is registered ?

[Peter_Spaeth]

Originally Posted by ALR-bishop

And what if the transaction occurred on a cruise ship traveling in the Gulf of Aden ? Would maritime law come into play ? Law of closest country ? Does it matter in which country the ship is registered ?

Follow the flag.

[Griffins]

Originally Posted by Peter_Spaeth

Follow the flag.

Al just signed up for the Liberian bar exam.

[Aquarian Sports Cards]

Originally Posted by Michael B

The nature of a good conversation. The two attorneys, Todd and Adam, addressed the standard contract, UCC-1 issues and pretty much answered the original question. I felt the few generalized real estate comments deserved comments, thus the conversation morphed. Not every conversation need be a railroad track, straight and narrow.

I have a buddy who his conversant on a lot of topics, when we get going we often wonder how we got to where we arrived conversationally. We have actually tried to piece the conversation together backwards and it can be surprisingly difficult. We call it conversational archeology. Forums ruin that fun.

[hcv123]

Originally Posted by jfkheat

How did this turn into a real estate discussion?

Ted mentioned something about agreeing to buy Babe Ruth's original house from an ebay seller who then pulled out of the deal leaving Ted homeless and wanting to sue... Did I get that right?

[frankbmd]

Originally Posted by ALR-bishop

I have heard that Yeman and Somalia offer reciprocity

Originally Posted by ALR-bishop

And what if the transaction occurred on a cruise ship traveling in the Gulf of Aden ? Would maritime law come into play ? Law of closest country ? Does it matter in which country the ship is registered ?

Al’s world travels are deductible as a business expense because of that card shop he owns in Sala’a, doing business as “Topps in Yemen”. Yeah, man.