Online auction
July 27, 2009 | 20,00 EUR | answered by Andreas Scholz
I sold an item on eBay, but it broke after the auction ended. Now I want to refund the buyer, but they only want the purchased item and are threatening to take legal action if they don't receive it. What can I do now?
Dear questioner,
if the item in question was a used item that is "one of a kind" (so-called specific performance), the impossibility has occurred on your part with the destruction of the item, which means the buyer loses their right to delivery, § 275 para. 1 of the German Civil Code.
However, the buyer can demand that you refund the payment already made, §§ 275 para. 4, 326 para. 4, 346 para. 1 of the German Civil Code.
Since you have already offered to refund the money - including shipping costs, if paid by the buyer - I recommend that you transfer the money back to the seller as soon as possible, regardless of whether they agree or not. This way, you are on the safe side.
In the event that it can be proven that you are responsible for the destruction of the item - for example, if you negligently or intentionally caused the item to be lost, § 276 para. 1 and 2 of the German Civil Code - the buyer is entitled to damages, §§ 275 para. 4, 280, 283 of the German Civil Code. This would generally consist of the difference in price between you and the other seller where the buyer obtained a comparable item.
However, proving intent or negligence on your part from a distance is very difficult, so I assume that such a claim, if raised by the buyer at all, will be unsuccessful. Nevertheless, you are responsible for proving the loss of the item. Therefore, I recommend that you keep the destroyed item for evidence purposes, or document the damages with photos.
I hope this information has been helpful to you.
Best regards,
Andreas Scholz, Esq.
