hat constitutes a breach of contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
hat constitutes a breach of contract?
I offered a car for sale on ebay. After a potential buyer who lives several states away repeatedly told me I was asking too much,he convinced me to accept $8.5K. I agreed,but he entered $8K as his bid,and unbeknownst to me my wife had set the “auto-accept” amount to take a bid that low,something I wouldn’t have approved, but the auction ended automatically at the lower amount of $8K with him as the winner. I might have honored the sale anyway,but a local buyer came forward with a $9K cash offer before the long distance buyer sent any money and the car was sold to the local buyer. Now the long distance buyer is threatening to file suit in his home state to enforce the sale. Can he prevail and what would I do? The car is gone.
Asked on October 27, 2013 under Business Law, New Jersey
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Yes. the ebay buyer can prevail in an action for breach of contract. This is because there was an offer and acceptance. The only question would be whether the contract was for the sale of the car for $8,500 (the price you two agreed to) or $8,000 (the price accepted in the eBay auction). Since you do not have the car anymore, he can not compel you to sell it to him. His damages are going to be the difference between what he can buy a comparable car for and what you agreed to sell to him for. For example, if he too can buy a similar car for $9,000, his damages would be either $500 or $1000.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.