Sale from private individual to private individual via eBay.
May 9, 2011 | 25,00 EUR | answered by Jan Wilking
Dear Sir or Madam,
Last week I auctioned a bed on Ebay. After 6 days (this week) the buyer contacted me to inform me that he does not want to pick up the bed because it is too far for him, as he thought it was located in Denkendorf near Stuttgart. I also advertised the bed in the newspaper and had to cancel two other interested parties on Monday after the eBay sale. Now he is referring to the 14-day right of withdrawal.
Is this permissible between private individuals? Shouldn't he at least reimburse me for the expenses? What can I do?
Best regards
Dear inquirer,
I am happy to answer your query taking into account the facts you have presented and your efforts as follows:
In your case, an effective purchase contract for the bed has been concluded. The buyer would only have a right of withdrawal if this had been contractually agreed (for example, if it had been expressly stated in the offer description), which I do not assume.
On the other hand, the buyer seems to be referring to the legally provided 14-day right of withdrawal (§ 312d BGB). However, this only applies if the seller is acting as a business. Since you sold the bed as a private individual, the right of withdrawal does not apply.
Therefore, the buyer is generally bound by the purchase contract. Although he may possibly contest the contract due to his mistake, this does not seem to have happened so far. In the event of a contestation, however, you would be entitled to damages (§ 121 BGB), which would also include your expenses.
You should inform the buyer that he has no right of withdrawal and ask him in writing, with a deadline, to pick up the bed and pay the agreed purchase price.
I hope to have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please consider that I cannot provide a definitive conclusion without knowledge of all the circumstances within the scope of an initial consultation. If you wish for a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while examining all documents.
Kind regards.
