[jg95z28]

Unbiased opinion here.

The person that everyone should be screaming at is the Seller (ken6769). Obviously this guy had no clue he was selling a Yenko, otherwise he would have set his reserve price higher.

If he found that out before the auction closed; he must have figured Yenko enthusiasts would see the auction and the price would have gone much higher. Since the information on the item had changed he could have cancelled the auction legally because the information was incorrect and reauctioned it later.

Secondly, he could have ended the auction at anytime, before the closing time, even after the reserve was met, simplying stating that he sold it off of ebay. It sounds like according to Duane (quickrod1) that is kind of what happened, however the seller kept the auction going (probably hoping to get a better deal).

Once the auction ended and the reserve was met, under the terms of ebay, ken6769 and quickrod1 had a binding contract. Furthermore, since quickrod1 had met the terms of the sale ($1000 deposit down) he has met the initial terms of that contract.

If for some reason ken6769 and quickrod1 failed to close the deal, then ken6769 could offer the car to bkhpah (farone), however, I don't believe there is anything binding in the ebay terms of the sale that requires him to do so.

If you follow the ebay terms to the letter, Duane(quickrod1) did in fact win the auction and is owed a product by ken6769, since he has met the auction terms.

Unfortunately for Duane, if ken6769 decides to cheat him out of the deal, there isn't much ebay will do, other than allow Duane to give him negative feedback.

However, if Duane mailed his deposit to ken6769, there is still a possibility of going after ken6769 for mail fraud, which would be a Federal offense. (Check with your local authorities.)

I don't blame anyone for trying to make a back door deal before the fact. While trying to do so after the auction has closed goes against the principles of ebay, it technically isn't illegal if they weren't involved with the original auction. However, what is quite evident is that the person everyone should really be upset with, is the seller, ken6769.

Anyway, just my unbiased observation.