eBay sale is a sale, court rules
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eBay sale is a sale, court rules         


Author: Garry Beattie
Date: Aug 5, 2007 01:06

From the Australian "The Age" Newspaper.

Asher Moses
August 3, 2007

There will be no more weasling out of eBay sales after a judge today ruled
against a man who has been refusing to hand over a $250,000 vintage plane he
sold on the online auction site.

In a case that reached the NSW Supreme Court, Peter Smythe sued Vin Thomas
after he changed his mind on the sale of a 1946 World War II Wirraway plane
after the eBay auction had ended.

The plane is understood to be one of five in the world still flying.

Acting judge Nigel Rein, handing down his judgment today, ruled against
Thomas and ordered him to hand over the plane for the agreed amount.

The date of the handover will be decided next week.

"It follows that, in my view, a binding contract was formed between the
plaintiff and the defendent and that it should be specifically enforced,"
Justice Rein said in his decision.

The judgment sets a precedent for future cases and means eBay sales could
now be legally binding.
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4 Comments
Re: eBay sale is a sale, court rules         


Author: AMUN
Date: Aug 5, 2007 04:33

So what's the big deal here ?
All the seller had to do is just do like all other EEKbay sellers, and jack
up the shipping costs to make up the difference

Plane $250,000
Shipping and handling $750,000

"Garry Beattie" iinet.net.au> wrote in message
news:46b5068f$0$22572$5a62ac22@per-qv1-newsreader-01.iinet.net.au...
> From the Australian "The Age" Newspaper.
>
> Asher Moses
> August 3, 2007...
Show full article (3.30Kb)
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Re: eBay sale is a sale, court rules         


Author: stolarskin
Date: Aug 5, 2007 19:04

Not really a big deal for the little sellers.
But, nice precedent for bigger items,
that are worth suing for, if the seller
want's to back out.
I'd like to see a seller on Barrett-Jackson
try to back out of a deal.
I know that they have reserves on those cars, and I would
be curious to know if the seller decides to not sell,once the reserve is
met,
if he can back out.
no comments
Re: eBay sale is a sale, court rules         


Author: ADAD
Date: Aug 11, 2007 04:42

Brother AMUN would know. Ma is all worked up he was let out.

ADAD

"AMUN" bell.net> wrote in message news:f93cu1$pbp$1@aioe.org...
> So what's the big deal here ?
> All the seller had to do is just do like all other EEKbay sellers, and
> jack up the shipping...
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Re: eBay sale is a sale, court rules         


Author: wipped
Date: Sep 5, 2007 13:32

I think what they call a bonafide sale should never be considered bonafied.
Its not the people who back out that concerns me (many with good reason or
because they didn't see something previously) for the only problem with that
is you have to relist, the problem is people ripping others off outright
and getting away with it on ebay does very very little. There some companies
get to do it 1000s of times.
"Garry Beattie" iinet.net.au> wrote in message
news:46b5068f$0$22572$5a62ac22@per-qv1-newsreader-01.iinet.net.au...
> From the Australian "The Age" Newspaper.
>
> Asher Moses
> August 3, 2007
>
> There will be no more weasling out of eBay sales after a judge today ruled
> against a man who has been refusing to hand over a $250,000 vintage plane
> he sold on the online auction site.
>
> In a case that reached the NSW Supreme Court, Peter Smythe sued Vin Thomas
> after he changed his mind on the sale of a 1946 World War II Wirraway
> plane after the eBay auction had ended. ...
Show full article (3.50Kb)
no comments