On Wed, 09 Jun 2004 11:21:22 -0700, A. Diesel Vents
wrote:

On 9 Jun 2004 17:38:27 GMT, "Scott Vernon" wrote:


wrote
What's he gonna do,

keep your 10% deposit and relist the boat?

Yes, exactly. In this case, I would have been out $160.00, which
would have paid his listing fees and his time and trouble to take me
out for the test sail. I'm pretty sure I said I never expected to see
my deposit back in either case.

I am not an attorney, but I would think that the seller could sue the
buyer unless there is some language in the agreement which allows the
buyer to walk away from the deal after inspection, survey, sea trials
or whatever. The fact that the agreement is made through Ebay doesn't
seem relevant. Ebay isn't making the agreement, it is made between
the buyer and the seller. Basic contracts 101. Offer, acceptance,
consideration.

I haven't studied many Ebay boat listings, but it seems that most
don't provide for an "out" after the sale. I suppose a defense might
be that the item was misrepresented by the seller, but it seems to me
that an Ebay "sale" is really no different from any other. Breach the
deal and there could be consequences.