Can this guy actually sue me over this?

James Dean

That's a tough call. I mean...he did agree to buy the items..Maybe you should have given it another day or two.. Or at the time of the agreement if you would have atleast said "If I get another offer and don't hear from you ON monday, I'll have to sell the items to someone else.

IT's a little extreme taking it to court, I doubt he will..and he won't win.

novangelis

No contract was ever formed. The three componenets of a contract are offer, acceptance and consideration. If you had received something -- a deposit -- you would be in breach of contract. You have nothing to fear. If he had rented a truck and shown up, I might have considered reimbursing him to the maximum of the $50 difference, but once the word lawyer came out, that thought would have ended.

derivedfool

more of that sue sue sue mentality. Look in the phone book under Lawyers ,some of them have a service where they have no charges as to questions. better be safe rather than sorry. If he is willing to sue for 200$ the guy is an idiot.

no he cannot. this deal was done and agreed to outside of ebay and he said he would be there monday and didn't call so in essence he voided the verbal contract (if there even was one) and there is nothing in writing. he is just irritated and blowing smoke, if he is stupid enough to sue you over $200 dollars worth of merchandise he didn't even pay for then let him. he will lose more in attorney's fees and you can turn around and sue him. any attorney worth his/her license would laugh them out of their office. one thing though you can sue anybody for anything but proving it is a whole other issue and if you don't have the facts or info to back up your claims the judge can get pretty ticked about a frivolous lawsuit like this (if the guy carries out his threat) if i were you i wouldn't worry, the guy is just messing with you.

Steveo G

well i sure hope not. You have done nothing wrong and this guy is an ***hole. He has alot of nerve trying to sue people for the most rediculou reason. I hate how people are allowed to do this.

jon

nah.. he wasnt even at lost. it isnt like he already made the trip. even so.. how much can he sue

mainecoast1

Because you listed these items on ebay and they were sold "off" ebay utilizing information provided through ebay, what this man did was illegal. If he bothers you again, tell him you will report his unauthorized offer to ebay and he will be banned from further buying/selling on ebay. Make sure you save the emails you received from him.

Mr.Robot

No he can't sue you for that. It would be the same thing as you calling a store and asking them to hold a item for you...but when you got there it was already sold. You cannot sue the store for it...you can refuse to go back because of poor service but that's about it.

People will tell you they are going to sue you for ANYTHING.

love2shop

No, he can't. You shouldn't do off eBay transactions, if they find out they could cancel your account.

monkeytits

no he cant sue you dont be a lil *****

Apurva M

Well, He broke the verbal contract. So you can probably countersue.

tx girl

I think he was just in a bad mood and was taking it out on you...doubtful that he will actually do anything

This would only be a small claims case, but like any law suit, he has to prove damages.

Since he isn't out any money, a judge can't award him anything.

mwyattjr

There was no writen contract so therfor tell him toshove it up his bum.....

Beejee

Suing is one thing, winning quite another. I'm with you - doubt he'll find a lawyer hungry enough to help him.

maigen_obx

I doubt he could win the case, but you can be sued for anything. Also, I'm sure he could find a lawyer that would take the case, but that the retainer to hire said lawyer would be more than value of the stuff you sold. Allthough a lawyer might not take the case since it's such a small amount of money. I don't think I would worry much about it since he never got back to you.

poophead

he CAN sue you. you should win though
that guy is crazy =/
he mite just be tryin to scare you

talons_pryde2000

No money, no contract, just a verbal?

He said he would let you know on Monday... That contact would have solidified the deal and I would keep the e-mails as defense in the off chance that a lawyer will help him sue you. Without a change of cash of goods, there is very little chance that he could successfully sue you.

I would check with a trusted attorney to be sure. Mine would say "Do not worry about it".

mnwomen

He can sue but I doubt he could win. He said he would let you know on Mon. and didnt. Some people will yell I will sue for about anything.

Team Chief

He's blowing smoke. He doesn't have a leg to stand on.

Forget it.

mookvey

no. a "verbal contract" isn't worth ****.

you had no obligation to sell - you also have the fall-back of your right to "refuse the right to sale". don't worry, they're just sore at missing out on a deal.

chuck_junior

He has no case. He suffered no loss. No money changed hands. His word against yours.
Move on and ignore him.

Andrea

I'm not a lawyer, but I don't think he'd have successful lawsuit. Such a small amount of money doesn't seem to be worth a lawyer's time. Confusion like this is one reason eBay cautions buyers and sellers from making sales/deals outside the auction.

Drew P

LOL. Yeah, for him to sue you it would cost him WAAAY over $200 if he is using an attorney.

He could take you to small claims court where he doesn't use an attorney(He would have to pay an $80 court fee to do that) but I think the judge would throw the case out.

I dont' think you have anything to worry about.

I Can Lick My Eyebrows

No.

First of all, this is not a valid eBay transaction, so you can keep them out of it.

Second. Keep the email referencing the Monday night deadline for the confirmation. If he did not call (dead cat, flat tire, earthquake, etc.) it's his problem. He did not let you know Monday night, so you sold it Tuesday, because of his neglect.

If he get's an attorney, he's going to spend more on attorney fees than the $200.00 and no good attorney is going to waste their time. Forget about him.

â€ Lucifer's angel

That is ridiculous! He can not sue you over that! Just because he's too slow to come up and pay for what he wanted, doesn't mean he can ue you! I think you should check out eBay's terms of use to make sure, however.

Adam L

He has no grounds for filing a law suit. Whilst you made a verbal agreement, that is by no means binding. The fact that he didn't reply on the Monday night, and that he at no point incurred any financial loss, means he has nothing to claim back in court. You will be fine.

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