On Ebay, users can offer everything, including cars. A user had sold his used BMW on the online marketplace for one euro – by mistake. A court judgment is now his salvation.
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From the mega bargain on the internet platform Ebay has become nothing: The Higher Regional Court Frankfurt has saved the seller of a used car from having his BMW worth at least 12,000 euros for just one euro. The man had expressed himself incorrectly in his auction description and written “Price 1 €”, but only the starting price of the auction meant.
The plaintiff’s automatically confirmed bid for one euro did not lead to a binding purchase contract. As a lower instance, the district court of Frankfurt already rated the quotation as an oversight. Among other things, with the addition “Immediate offers are welcome” was clear that the provider Auto wanted to auction and not sell for one euro. He also immediately objected to the transaction with legal effect. The plaintiff is therefore not entitled to compensation for the car that was not handed over.
The decision of the district court (file number: 2-20 O 77/18) is final after the plaintiff withdrew his appeal after a decision by the Oberlandesgericht (file number: 6 U 155/19).
