Sueing a non performing Ebay seller for loss of bargain

[plasticpig]

It appears to be quite common on Ebay that cars are not sold to the highest bidder because the bids didnt reach the amount the seller wanted. Even though the seller did not set a reserve. In theory is it possible to pursue the seller via the small claims court track for loss of bargain? Would you have to actually buy a equivalent vehicle at a higher price to be able to do this or would proof of equivalent car prices be enough?

[Lurking Lawyer]

To be actionable, a breach of contract has to involve you incurring a loss. You have no loss unless you actually buy a car of the same age and spec so it's not enough to show that they would cost £xK elsewere.

But in theory, if you can prove that the seller had agreed to sell to you at £5,000 and you had to buy the same car elsewhere at £6,000, you have a claim for £1,000.

[fadeaway]

Lurking Lawyer said:

To be actionable, a breach of contract has to involve you incurring a loss. You have no loss unless you actually buy a car of the same age and spec so it's not enough to show that they would cost £xK elsewere.

But in theory, if you can prove that the seller had agreed to sell to you at £5,000 and you had to buy the same car elsewhere at £6,000, you have a claim for £1,000.

Wouldn't that mean that no bids in any auction were legally enforcable?

[Jasandjules]

A loss is normally required but there are exceptions. I have used three quotes for work done before now, so I'd guess that finding similar cars elsewhere at higher prices would show your loss as a result of the breach. Getting the details of the seller to sue may be more of a challenge.

[Simpo Two]

eBay do say that a bid is a contract, and there is such a thing as contract law - but whether eBay rules work in the real world is another matter.

[agentsmith]

trick is to leave neg feedback. had the same on some wheels recently - the guy thought it was "ok" to not sell them when he didnt get the desired result. Despite it being a 'contract', went nuts when I left neg feedback.

[forsure]

It's very common to see cars re-appearing on ebay, when it looked as if they'd sold.
In many cases I'd guess this results from 'shill bidding' - where the seller has friends or other identities making bids to get things moving and push the price up.
If one of these 'friends' wins the auction they're back to square one, and they start again.