Surely this isn't how a second chance offer for land on ebay is supposed to work?

Yesterday I was outbid on some land but later the seller sent me a second chance offer, which I was going to accept later (I had until tomorrow to accept it) Then an hour ago I got an email from the seller saying the original highest bidder had contacted him and that he had to cancel my second chance offer? Can he do that? Didn't we have a contract when he sent me the second chance offer and I had x ammount of time to accept it? And that time hadn't elapsed and I was going to accept it. What should I do, say oh well, tough luck, contact the seller saying no, I accept your second chance offer or contact ebay and complain? Or come to think of it get a lawyer, lol! Thanks
Answer:

When the seller sent you the second chance offer, he released the original, highest bidder from all responsibility to purchase the land and the seller is still legally bound to sell the land to you. The seller may be trying to circumvent Ebay fees. As far as Ebay knows, the highest bidder canceled and the seller send a second chance offer to you. What the buyer may do now is, contact the original highest bidder outside of Ebay, to finalize the purchase, thus circumventing the fees Ebay would take for the final sale. The seller is bound by Ebay contract to follow through with the 2nd offer they sent to you. Make sure you keep all of the messages the seller has sent to you, and if you still want to buy the land, just go ahead and take them up on the 2nd chance offer. If the seller has a problem with it, you can then take it to Ebay and they will sort it out for you. Unfortunately, the seller may still refuse to sell to you, but at least, if you file a complaint about the seller, it will stop them from doing it again to someone else.

Irish 313 at Yahoo! Answers Visit the source

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Other answers

A contract always has 2 parts: offer and acceptance. You received his offer. But you did not accept. You waited because he said you had until tomorrow. One aspect of contract law is that his offer can be withdrawn at any time before you accept. Which is exactly what he did. And that is fair because he had no idea if you were going to say yes or no. You can turn this to your advantage if the 1st buyer gets nervous. If the seller contacts you in 5 days or 25 days, you have to decide in advance if you would buy it or do you want a discount. This scenario could end up saving you a lot of money.

Ed Atun

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