Sue eBay Seller for Breach of Contract

You bought something on eBay. The seller took your money. Then they either sent nothing, sent the wrong item, sent a fake, or sent something completely different from the listing. eBay's resolution center closed your case. PayPal sided with the seller. You're stuck.

Wrong. You can bypass eBay entirely and sue the seller directly in small claims court for breach of contract. Every eBay listing creates a legally binding contract between you and the seller. When they don't deliver what they promised, you have grounds to claim your money back plus compensation for the hassle.

Why eBay's Resolution Center Isn't Enough

eBay's dispute system has serious limitations that leave buyers unprotected:

• Arbitrary decisions - eBay sides with sellers when evidence is unclear
• Time limits - Must open case within 30 days, can't reopen if closed
• Tracking loopholes - Seller shows tracking, eBay assumes item delivered even if you got wrong item
• Authentication issues - Hard to prove fakes through eBay's process
• No compensation - Even if you win, you only get refund - no damages for wasted time
• Seller account closed - If seller's account gets banned, your case dies with it

Civil court bypasses all these problems. The seller's legal obligations exist regardless of eBay's policies.

The Contract You Have With eBay Sellers

When you click "Buy It Now" or win an auction, you form a binding contract with the seller. This contract consists of:

The Listing Description

Every word, photo, and specification in the listing becomes a contractual promise. If listing says "genuine Rolex," "brand new," "iPhone 14 Pro Max 256GB," or "as shown in pictures," the seller is legally bound to deliver exactly that.

eBay's User Agreement (Incorporated Terms)

Both you and seller agree to eBay's terms, which include obligations like:

• Seller must send item within stated handling time
• Item must match listing description
• Item must be genuine if listed as such
• Seller must provide accurate condition description

Implied Terms Under Consumer Law

UK law automatically adds terms to every consumer sale, regardless of what listing says:

• Goods must be as described - Consumer Rights Act 2015, Section 11
• Goods must be of satisfactory quality - Section 9
• Goods must be fit for purpose - Section 10
• Goods must match any sample or model - Section 13

These implied terms cannot be excluded by seller disclaimers like "sold as seen" or "no returns" - they're legal rights that override any contractual opt-outs.

Common eBay Seller Breaches

Here are the most common ways eBay sellers breach contracts, and what you can claim:

1. Item Never Arrived

Seller marked item as dispatched but you never received it. No tracking, or tracking shows delivered to wrong address.

Breach: Failure to deliver goods - fundamental breach of contract

What to claim: Full refund plus interest, plus compensation for alternative purchase if you had to buy elsewhere at higher price

2. Wrong Item Sent

You ordered iPhone 14, received iPhone 11. Ordered size 10 shoes, got size 8. Different model, color, or version than advertised.

Breach: Goods not as described (Consumer Rights Act s.11), breach of contract terms

What to claim: Refund of purchase price, return postage costs, price difference if you bought correct item elsewhere

3. Counterfeit or Fake Item

Listed as "genuine" but item is fake. Designer bag, watch, trainers, electronics listed as authentic but are replicas.

Breach: Goods not as described, not of satisfactory quality, misrepresentation

What to claim: Full refund plus cost of authentication, compensation for time wasted, potential claim for distress if item was for special occasion

4. Significantly Worse Condition Than Described

Listed as "excellent condition" but item is damaged, scratched, not working, or clearly used despite being listed as "new."

Breach: Goods not as described, not of satisfactory quality

What to claim: Difference in value between described condition and actual condition, or full refund if item is unusable

5. Missing Parts or Accessories

Listing showed complete set with box, charger, accessories. Item arrived without these. Photos showed everything included but items are missing.

Breach: Goods not as described, goods not matching sample (photos)

What to claim: Cost of replacement parts, or partial refund reflecting reduced value

6. Item Doesn't Match Photos

Stock photos used when item is actually different model/version. Photos show pristine condition, actual item is worn. Different brand or features than pictured.

Breach: Goods not matching sample (Consumer Rights Act s.13), misrepresentation

What to claim: Full refund or price difference based on actual vs. advertised item

Implied Terms: Your Secret Weapon

Many buyers don't realize they have legal rights beyond what the listing says. Consumer Rights Act 2015 implies powerful terms into every purchase:

Goods Must Be As Described (Section 11)

Every word in the listing is a description you can enforce. "Genuine leather," "works perfectly," "grade A refurbished," "24K gold plated" - all binding promises.

Even if seller later claims "mistake in listing," they're still bound by what they advertised. You relied on that description when buying.

Satisfactory Quality (Section 9)

Goods must meet the standard a reasonable person would expect given:

• The price paid
• The description given
• Any relevant information provided

"Satisfactory quality" includes:

• Fitness for normal purpose
• Appearance and finish
• Freedom from minor defects
• Safety
• Durability

So even if listing doesn't explicitly promise these things, law implies them. A £500 watch must keep time accurately. A "new" item must be unused and pristine. A phone must work properly.

Fit For Particular Purpose (Section 10)

If you told seller (in messages) what you needed item for, it must be suitable for that purpose. Asked "will this lens fit Canon 5D?" and seller said yes? They're contractually bound to provide compatible lens.

Match Sample or Model (Section 13)

Photos in listing are "samples." Item must match them unless listing explicitly states "for illustration only" or shows stock photos with clear disclaimer.

Close-up photos of specific item create strong presumption you're buying that exact item in that exact condition.

Evidence You Need

To sue eBay seller successfully, gather this evidence:

The Listing

• Screenshots of complete listing with all photos
• Item description in full
• Seller's promises about condition, authenticity, specifications
• Dispatch/handling time stated
• Return policy terms

Critical: Save listing immediately - sellers often delete listings or edit them after complaints.

Purchase Confirmation

• eBay purchase confirmation email
• Order details from eBay account
• Payment confirmation (PayPal, card statement)
• Amount paid including postage

Communications

• All eBay messages with seller
• Seller's responses (or lack of response)
• Any promises or admissions seller made
• Your complaint messages

Proof of Breach

• If nothing arrived: Tracking info showing no delivery, photos of empty porch/mailbox on delivery date, neighbor statements
• If wrong item: Photos of what you received vs. listing photos, model numbers comparison
• If fake: Authentication report from expert, photos showing fake details, comparison to genuine item
• If damaged: Photos from multiple angles showing all defects, video if functionality issue

eBay Case History

• Your eBay dispute/case details
• eBay's decision (even if they sided with seller)
• Evidence you submitted to eBay
• Seller's responses in eBay case

This shows you tried to resolve reasonably before suing.

Financial Loss Evidence

• Receipt for alternative purchase if you bought correct item elsewhere
• Return postage receipt if you sent wrong item back
• Authentication fee receipt
• Any other costs caused by breach

Finding the Seller's Real Details

To sue, you need seller's real name and address, not just eBay username. Here's how:

eBay Seller Information

Click "See seller's other items" → Scroll to "Seller information" section. Many sellers list business address here, especially businesses.

Invoice or Dispatch Note

If item arrived, packaging often has return address label with seller's real details. Some sellers include invoices with business address.

PayPal Transaction

PayPal transaction details sometimes show seller's registered name and location. Not always full address but gives you name to search.

Companies House Search

If seller is business, search company name on Companies House website. This gives registered office address, director names, and company number - everything needed for legal action.

Contact eBay

For legal proceedings, eBay may disclose seller contact information. Include your case reference and explain you're taking court action. They don't always cooperate, but worth trying.

Reverse Address Lookup

If you have partial address (from return label), use online directories or Royal Mail postcode finder to complete it.

If You Absolutely Can't Find Them

You can still file claim using eBay username and "address unknown." Court may allow alternative service (serving papers via eBay messages or email). Once claim filed, eBay may disclose address under court order.

How Much You Can Claim

Go beyond just refund - claim all your losses:

Purchase Price

Full amount you paid including postage. This is guaranteed if item wasn't as described or didn't arrive.

Return Postage

If you had to return wrong or fake item, claim return postage costs. Seller should have paid return postage, so it's your loss.

Replacement Purchase Premium

If you bought correct item elsewhere at higher price, claim the difference. For example, paid £200 on eBay, seller sent fake, bought genuine version for £350 elsewhere - claim £150 difference.

Authentication Costs

Professional authentication fees if you paid expert to confirm item was fake. These are direct costs caused by seller's breach.

Wasted Time and Inconvenience

Small claims court rarely awards much for inconvenience in pure sale of goods cases, but if breach caused significant disruption (missed event, ruined occasion, extensive time dealing with issue), you can try claiming £100-500.

Interest

Once you file court claim, you can claim 8% annual interest from date of purchase to date of payment. For £300 item after 6 months: (£300 x 0.08 x 182 days) ÷ 365 = £12 interest.

Court Fees

If you win, seller pays your court fees back on top of the claim amount.

Court Process Against eBay Sellers

Taking eBay seller to court is straightforward:

Step 1: Final Demand Letter

Send letter (or eBay message + recorded delivery letter if you have address) giving seller 14 days final chance to:

• Provide full refund
• Send correct item
• Provide replacement
• Compensate your losses

State you'll commence court proceedings if no satisfactory response.

Step 2: File Money Claim

Use Money Claim Online (MCOL) system. Enter:

• Seller's details (real name and address)
• Claim amount (refund + other losses + interest)
• Particulars of claim explaining breach

In particulars, explain:

• You purchased item via eBay on [date]
• Listing promised [specific details]
• These promises formed binding contract
• Consumer Rights Act implied terms of satisfactory quality, fitness, matching description
• Seller breached by [sending wrong item / fake / nothing / etc.]
• You suffered losses of [£X purchase price + £Y other costs]
• You're entitled to refund plus consequential losses

Step 3: Seller Response

Most eBay sellers ignore court claims (big mistake - you get automatic judgment). If they defend:

• Common defense: "Item was as described"
• Common defense: "Buyer damaged it"
• Common defense: "My listing said no returns"

All defeated by your evidence and consumer law rights.

Step 4: Hearing

If case goes to hearing, bring:

• Printed listing screenshots
• Photos of actual item received
• All eBay messages
• Payment proof
• Expert authentication if applicable

Explain to judge:

• "I bought from seller on eBay"
• "Listing promised X" (show screenshots)
• "I received Y" (show photos)
• "Consumer Rights Act says goods must match description and be satisfactory quality"
• "Seller breached these terms"
• "I'm entitled to refund plus losses"

Step 5: Judgment

You'll almost certainly win if you have decent evidence. Court orders seller to pay your claim plus court fees plus interest.

Step 6: Enforcement

If seller doesn't pay judgment:

• High Court enforcement officers can seize goods
• Third party debt order freezes their bank account
• Charging order on their property
• Attachment of earnings if they're employed

Why "Sold As Seen" Doesn't Protect Sellers

Many eBay sellers add disclaimers thinking they avoid liability. They don't.

Consumer Rights Act Overrides Disclaimers

Section 31 Consumer Rights Act 2015 says terms attempting to exclude or restrict consumer rights have no effect. So disclaimers like:

• "Sold as seen, no returns"
• "No warranty given"
• "Buyer beware"
• "No refunds"
• "All sales final"

Are completely unenforceable. You still have full rights to satisfactory quality, goods as described, and fitness for purpose.

Private Sellers Have Same Obligations

Even "private" sellers (not businesses) must ensure goods are as described. Only the satisfactory quality and fitness obligations don't apply to private sales, but "as described" still does.

However, many "private" eBay sellers are actually businesses disguised as individuals to avoid consumer protection laws. If they sell regularly or sell business-type quantities, they're traders and all consumer rights apply.

Court Fees for eBay Claims

Small claims fees for typical eBay disputes:

• Up to £300: £35 court fee
• £300-£500: £50
• £500-£1,000: £70
• £1,000-£1,500: £80
• £1,500-£3,000: £115
• £3,000-£5,000: £205
• £5,000-£10,000: £455

Remember: When you win, seller pays these fees back to you on top of your claim.

Time Limits

You have 6 years from purchase to sue for breach of contract. However, for Consumer Rights Act claims (goods not as described, not satisfactory quality), you have even stronger position if you act within:

• 30 days: Automatic right to reject and get full refund
• 6 months: Presumption that fault existed at time of sale (seller must prove otherwise)
• Up to 6 years: Can still claim but you must prove defect existed when you bought it

Don't wait - evidence deteriorates, sellers disappear, and your case weakens over time.

What If Seller's Account Is Closed?

Doesn't matter for legal action. The contract was between you and the individual/business behind the account, not with eBay username. Find their real details and sue them directly.

If seller was business that went bust, you may struggle to collect judgment. But if you paid by credit card (Section 75 protection) or debit card (chargeback), pursue those routes alongside court claim.

Why Bother When PayPal/eBay Said No?

Because PayPal and eBay decisions aren't legal judgments. They're internal policy decisions by private companies. Courts apply actual law - Consumer Rights Act, contract law, consumer protection regulations.

eBay often sides with sellers when there's tracking showing delivery, even if you got wrong item. Courts look at actual evidence of what was ordered vs. received.

PayPal has arbitrary rules and time limits. Courts enforce your full legal rights regardless of PayPal's decision timeline.

Many buyers get £0 from eBay/PayPal resolution then win £500+ in court including compensation and interest.

Real Success Rate

Court claims against eBay sellers have high success rates because:

• 60%+ don't respond - You get automatic default judgment
• Evidence is clear - Listing screenshots + photos of what arrived = obvious breach
• Law favors buyers - Consumer Rights Act creates strong presumptions in your favor
• Small amounts - Judges know £300-500 claims aren't worth fabricating
• Sellers can't hide behind disclaimers - "No returns" clauses are unenforceable

If you have screenshots showing listing promised X, and photos proving you received Y, you'll almost certainly win.

Take Action Today

eBay seller took your money and didn't deliver what they promised. eBay's resolution system failed you. PayPal sided with the seller. You're frustrated and out of pocket.

You have legal rights that exist outside eBay's platform. Every eBay purchase creates a binding contract with the seller. When they breach that contract by sending wrong item, fake item, or nothing at all, you can sue them directly in court - eBay's involvement or decision is irrelevant.

Don't let dishonest sellers keep your money. Start your court claim now and hold them accountable. Get your refund, your costs, and compensation for the hassle they caused.