Cancels a seller's eBay auction groundless from, he owes to that compensation, does not come with the highest bid for the course

Cancels a seller's eBay auction groundless from, he owes to that compensation, does not come with the highest bid for the course. This may also be true, when the highest bidder as so-called “Abbruchjäger” should have participated in the eBay auction. This has the 28. Civil Senate of the Oberlandesgericht Hamm on 30.10.2014 decided so far and confirmed the first instance judgment of the Landgericht Bielefeld.

The defendant, a trader from the Minden-Luebbecke, presented in September 2011 a used forklift with a starting price of 1 Euro in the Internet auction provider eBay for sale of a. With a maximum amount of 345 Euro participated the resident in Saxony-Anhalt in Wittenberg district plaintiffs in the auction. After the defendant the forklift during the ongoing eBay auction for 5.355 Euro had otherwise disposed, they broke from the auction. At this time, the plaintiff was an amount of 301 Euro Highest Bidder. Because of the non-fulfillment of the concluded in its opinion, the defendant purchase agreement, the plaintiff demanded of the defendant damages.

The claim for compensation of the plaintiff was successful. The 28. Civil Senate of the Oberlandesgericht Hamm has the applicant 5.054 Awarded €.

Between the parties, a contract of sale had been concluded, which requires the defendant, the applicant for the forklift it offers against payment of 301 To provide EUR.

A mandatory offer for sale the defendant submitted, advertised by the forklift on the website of eBay for auction and the Internet auction started. Your contractor has become the plaintiff, because he had the highest bid within the term of the option.

Contrary to predictions of the defendant is not to doubt the intention of the plaintiff law binding. The fact that he the truck at a cost of up to 345 Euro would have taken, the applicant has plausibly. It should not be assumed, that he had submitted its offer just for show or for joke. Each participant in an eBay auction will be notified before placing a bid, that this bid is binding and can lead to conclude a purchase contract. The speak to the liability of the votes with an offer explanation. Even if one wanted to impute to the applicant, that he is a so-called “Abbuchjäger” systematically participating in eBay auctions, where appropriate, to implement compensation claims, also translate such a project just ahead, that all winning bids should be submitted binding.

It is crucial, therefore,, whether the defendant started at the eBay auction may have prematurely terminate, so why not purchase agreement had been concluded. The defendant, which did not in its retail offering within the eBay auction as binding, have, however, had no right to revoke their offer to the eBay internal rules. Under these provisions authorize only the desire of a seller, detached from eBay to sell the item offered during the current auction otherwise, not to withdraw the eBay bid, when bids were submitted for this already. The bids are likely only for legitimate, be deleted in the eBay rules regulated reasons. Such reasons the defendant had not had in the case to be decided.

The order between the parties binding purchase agreement is completed no vain profiteering. The applicant was exploited any weakness situation of the defendant. Rather, it was the defendant, the trucks for the minimum selling price of only 1 Euro've offered on eBay.

After the defendant had the purchase agreement culpably not met, they owe the plaintiff damages in the amount of the value of the forklift. This could be measured in this case by the purchase price of the otherwise obtained by the defendant, from then on the damage calculation of the amount to be paid by the applicant of 301 Euro is to be deducted.

Judgment of the 28. Civil Division of the Higher Regional Court of Hamm from 30.10.2014 (28 You 199/13)

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