Early December I purchased a bike on ebay, Paid for it within discussed timeframe. Received title for the bike on 12/17. Came to pick up the bike right after the holidays and the seller is demanding I pay storage penalties, otherwise the bike will not be released. Storage penalties were NOT discussed prior to purchase. Can I sue the seller to get funds back?Filed a claim with ebay but the Vehicle Purchase Protection Administrator decided Im not eligible for Protection because: "the seller made this motorcycle available to you after you sent your payment, you will not be eligible for not receiving this vehicle. I understand your concern about the storage fees that your seller began to charge starting Dec. 29, however, we are unable to offer an exception for this concern to be reviewed under our VPP program."
Get as much of this in writing as possible from seller and go through the Ebay dispute process.
Subject to what the eBay terms of service are, you need to get a copy and review closely, you might be able to sue the seller, not eBay. I assume the amount of the bike puts you into small claims court. In the small claims context, it would not be unusual to get a ruling where each of you are required to pay the storage fees in some proportion. And because this is likely a small claims matter, it may not make sense to hire an attorney to handle the matter for you. Subject you reading eBay's terms of service, you might have an attorney send a demand letter and see what happens.
This is a sale of good transaction which is addressed by California's commercial code 2000 series, which largely mimics the UCC's Article 2 for the sale of goods. For example, if storage was never mentioned (in writing or orally), then storage fees likely would not be a term agreed upon within your "sale contract" with this seller - unless both you are merchants who routinely deal in goods of this kind, then such storage costs might be included in your "sales contract." But the eBay terms of service likely address shipping issues, such as FOB; or who may be responsible for storage costs. Although here, it sounds like you were always planning to pick up the bike from the seller so shipping issues may not be at play. The default under the UCC is for pickup at the seller's ordinary place of business.
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