If a deadbeat bids and wins an ebay auction can the account receivable be sold to a collection agency?
If someone pays to sell an item on ebay and someone wins the auction but does not pay, can the seller legally sell the account to a collection agency? Would the seller also be obligated to ship the item to the deadbeat or t the collection agency? Keep in mind by bidding the buyer is entering into a legally binding contract
Public Comments
- if they dont pay u dont ship and resell to the second bidder
- I suggest going through channels and report it to ebay, first.
- No, because the agreement to pay is largely an "honor" agreement between the bidder and eBay. The only thing that can happen is the bidder gets negative feedback and/or eBay can suspend his/her account.
- No. No collection agency in its right mind would touch such an account. It's a sales contract. The seller does not have the right to sue for the price of goods unless a) the goods were sold AND DELIVERED and accepted by the purchaser or b) the goods were specially manufactured for the purchaser and not saleable in the ordinary course of business. For example, if I agree to sell silverware specially-engraved with the buyer's coat of arms, nobody else is going to buy it, so the law lets the seller recover the price of the goods. Otherwise, you have to re-sell the goods and recover damages, including the expense of re-sale and the difference between the price under the two contracts.
- Actually, that is all cover in the agreement you have with ebay. I believe you are allowed to pursue up to a thousand dollars in fees lost and relisting the item. Again, you will actually have to read the "terms of agreement" with ebay to find out what you're allowed to do.
- No. EBay Seller would have to go through EBay / PayPal to report "Item not PAID". This type of problem would then cause the seller to be suspended or loose there privilege / account to bid on EBay.
- No. You will have to go through E-bay. They will credit you the final value fee that they have taken out. You should never ship an item before someone pays anyway. E-bay will settle it for you, and it will save you money. You can then leave the person negative feedback.
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