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NSW eBay Seller Didn't Complete Sale - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Leylander, 14 May 2016.

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  1. Leylander

    Leylander Member

    13 May 2016
    Likes Received:
    Hi all, first-time poster here.

    In short, I won a caravan on eBay. I arranged to pay using the payment method described ( Paypal) and the seller wanted the money in his bank account before I could pick up the van. Talking to both eBay and PayPal, they both agreed that paying in advance would not be advised as vehicles are not covered by consumer protection.

    I messaged the seller of the predicament and that transfer from my PayPal account to his is deemed a legal payment transfer, he refused to acknowledge it.

    A week later, after reporting this to eBay and not getting very far, I have offered the seller a cash on delivery option. They have now refused this and basically stated that 'I had my chance'.

    Understanding that it's not worth my time and that most people are going to suggest to move on with my life, I would appreciate those people to keep that to themselves and get down to the law and actions I can take to resolve this issue.

    I am already seeking that eBay indefinitely suspend the seller's account (which they are happy to do), but what do I need to do? Do I send a letter (message) to not sell the van to anyone else and to expect a small claims court summons?

    What do I need to Lodge and where? I want the van I won. It's only due to the seller's unlawful condition that wasn't described until after the auction closed that has caused all of this.
  2. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    An eBay sale is a contract, like any other contract.
    Assuming you still want to buy it, and if the amount of money involved
    is enough to bother with, then perhaps consider engaging a lawyer
    to start a breach of contract action.

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