eBay stuff again.

[Steve Webb]

Hopefully one of you guys can help me on this. The remaining shell of the Fiat 500 sold last week, guy contacted me before he bid as he is 500km away. Since he won I haven't heard anything else from him, despite sending him 3 emails.
There was a second bidder , who bid the same as the winning bidder, but lost out because he placed his bid later.
This second bidder can come and collect on Saturday.

I've just opened a non-payment dispute with ebay as I've got a feeling that I will never hear from the winning bidder again. But am I going to get into trouble if I sell the shell off of ebay on Saturday and the original winning bidder then gets back to me?

Cheers

[Xti]

Each part of such this type of transaction have interdependent rights and obligations, in this case it means that your right to get the money coresponds to his right to get the goods and your obligation to give the goods coresponds to his obligation to pay for it. At this moment is it time for him to make his move (so, in order to perfect his obligation, he must first pay for the goods he bet and won) and I'm sure it must be -very important- a time limit for that (starting from the bid winning moment). If he does not gets back to you within that "time limit" (don't know the expression for it) to make clear his intention to actually see the goods and/or pay the money than your obligation does not have it's corespondent anymore so practically does not exists and you are free of this contract. I hope I was making myself clear enough and hope this helps.

You must see eBay rules cause sometime specific rules could find application before common right rules.