Ebay classified ads - prospective buyers agree to the purchase contract and suddenly cancel. What can I do?

Bi
- in PlayStation
15

Have a good evening.

Now this week, for the second time, it happened to me that a buyer jumped off when I picked it up.

The first time a purchase contract was not really concluded, rather a prospect who probably did not really check a function on the TV for two days and wrote to me the night before the pickup, although he also wanted to test several monitors that he wanted the PS4 now gets to work via remote play with its display device.

And now the same game again with the 1-2 days, only that this time a clear purchase contract was concluded, since he assured me that he would take it. Only the time for this Sunday was still pending. I asked if he worked on Sunday evening because we both couldn't on Saturday. Then he that it's too late. 3pm would be better. I then asked again if 4 p.m. Would still be okay. He then replied, "Yes, very much. See you tomorrow."

7 minutes later…

Hey sorry I've been thinking now and I don't want it anymore. Thank you anyway!

Because I can save myself the rest, except that I just threatened the police and he just gave in, but then turned and said again that I should inform the people I canceled. But I didn't give in.

He gave his address and cell phone number in classified ads.

Do you think the police can clarify the case without I need a lawyer or that it will only be forwarded to the public prosecutor again.

Fa

Sorry but how fussy can you be that you run to the police for something like that, don't you think they have more important things to do?

I really can't understand that.

Bi

Are you kidding? I wrote with the guy for 2 days. I relied on him and invested my time and energy. You seem to have a really social attitude. Just because you are not affected.

Fa

I happen to sell various things on eBay classifieds. And I know it too well, but that's why I don't run to the police. Run foolish and that's it.

Bi

This prospect is not anonymous! I have all of his data. I'm only interested in whether the police can do anything. Because it doesn't work that way. I don't know if you really read my question or just skimmed it over.

St

So legally you have nothing in hand. And this incident of yours continues to happen… If I think about how many have canceled in the years?!

well… In a nutshell… No contract no consequences…

and that you are now mad, that's understandable

another solution is you sell it directly on Ebay…

and your lawyer would only laugh at you like most people here…

Fa

I read it through and I can only shake my head but do what you want.

Bi

But where didn't a sales contract come from here? Please explain that to me. Has he promised to take the monitor? I really don't understand anything anymore?

St

It's the same if you go to Media Markt and the seller agrees that they want to buy it… And you still don't buy it and go home… The seller doesn't run to the police either… You can have 10 things in your hand and him Verbally assuring that you buy everything does not mean that you have to buy it…

I don't understand why you don't understand it?!

Bi

Oh okay because of that. As far as I know, a commercial seller differs from a private seller. A private seller does not have to adhere to the 14-day right of return. Just for fun. I don't know if you're only saying this from experience.

And please don't assume that I don't want to see this. I just want to have a neutral discussion about it here.

St

I don't assume anything…

On ebay classifieds you only have a "Send Message" button and NO "Buy" button.

there everything is "without commitment"

and that is only with the commercial, in my opinion, so that it should look serious…

they don't pay taxes even though they pretend to be a business. Or do you know someone who sells there commercially and notifies the state?! Believe me NO!

Bi

If you are not mistaken. But never mind. I still thank you for your neutral answers. At least a normal user from everyone else.

St

In the case of newspaper advertisements - and due to the strong similarity, an advertisement on eBay classified ads - does not regularly constitute an offer within the meaning of § 145 BGB.

An offer must contain the most important parts of the contract, the so-called essentialia negotii, in order to be able to call itself an offer - correct application. These are well-known contractual parties, object of purchase and purchase price. The contracting parties alone are difficult, since the buyer is not known at the time the advertisement is placed (ie the potential offer). One could speak of an offer "ad incertas personas", i.e. An offer to any buyer. In practice, however, this is probably not your wish: you only want to enter into a contract with people who are also solvent. In addition, several contracts would then be concluded that you can't fulfill (the purchase is quantitatively limited). As a result, you would be liable to pay damages. Nobody can assume that this was your wish. So you have not acted with a so-called legal will, which is mandatory for declarations of intent.

Ha

I'm of the opinion that a legally valid sales contract has been concluded in accordance with the German Civil Code (two declarations of intent, offer plus acceptance).

However, I wonder how you come up with the bold idea that the police and public prosecutor's office are responsible:

Something like that is pure civil law, you have to enforce your purchase contract yourself or with the help of a lawyer, cost risk for you.

Sa

These are civil law issues and not criminal matters.

Such behavior is unfortunately not unusual for classified ads. Was the reason why I stopped selling there. Is the wrong portal for you if you can't do that either. Sell on eBay.
And at least he immediately contacted you and canceled it. This is not a matter of course for classified ads.

Your communication with prospects must immediately make it clear that a purchase promise is a binding agreement between the two of you and the prospect must be sure that they want it and pick it up. This is still difficult to track through such an anonymous portal as classified ads.

Al

The police will politely but surely show you the middle finger.