Private purchase through eBay classifieds and money is not paid?

I sold a laptop on eBay classifieds. It was agreed that a down payment would be made (this was also done personally) and the remaining payment on 01.08. Happens. A contract was drawn up, which was signed by both sides and we should keep the ID as a deposit and as security.

(Contents of the contract)

Purchase contract from private

Saleswoman

Surname:

First name:

Date of birth Place of birth:

Phone:

Street:

PZL / place of residence:

ID card number:

Buyer

Surname:

First name:

Date of birth Place of birth:

Phone:

Street:

PZL / place of residence:

ID card number:

about the following article / subject

Object of purchase:

Manufacturer:

Type designation:

Serial number:

The above Seller assures that the said item is the sole property of the seller, is not reported as stolen and is free of third party rights.

By mutual agreement, the purchase price to be paid is a total of 300.00 euro.

A deposit of 35.00 euro is due on July 24th, 2020. With this down payment and his signature, the buyer undertakes to make a final payment of 265.00 euro by August 1st, 2020 at the latest. Until the purchase price has been paid in full, the seller retains the buyer's ID card as a deposit.

The seller expressly emphasizes that liability for material defects is excluded under EU law and that it is a private sale. The sale takes place [otherwise] to the exclusion of any warranty or other liability of the seller. A right of withdrawal is completely excluded in the case of a private sale.

Place and date

Signature of buyer

Place and date

signature

Now the buyer only gave excuses that she now has no time to answer and it is stressful for her right now because her sister is in the hospital… Of course we understand that, but we also need the money and since she does not do it on her own we get suspicious.

What steps can we take?

Open a case about the item on eBay and call eBay, they are very helpful: To reach eBay customer service by phone, click on "Help" at the top of the eBay website. Select your desired subject area or follow the instructions. If you are already logged in to eBay, you can easily contact us.

What steps can we take?

Sorry… But such limitless naivety / blue eyes cries out to fall on the nose.

2 options…

get the part back,

or arrange for a reminder to be issued… But experience has shown that this does not work for people who eat the putty from the window frames.

There's no such support or protection for classified ads. You can only report them. You don't find out what eBay does then.

Several things are wrong.

Have you received a deposit and have you already handed over the device?

Which EU law?

ID card as a deposit is not permitted, a maximum of one copy of it may be made.

And what good is the ID? Does this give you the money?

Remind the amount in writing with a deadline. Then apply for a judicial order for payment, at some point you get an enforcement order, so you can try to collect the claim. But all is effort and costs money first!

Open a case about the item on eBay…

Nonsense, what does eBay have to do with it?

My opinion: Nice contract, but if the supposed buyer Hartz4 Em is a recipient, the contract is not itchy, he is probably in the school anyway and then there's nothing to get. Such things only against cash payment = goods for money and never partial payment of just 10% of the purchase value.

There's not much you can do now. First write a reminder with a reasonable deadline and then get the form for a reminder notice. If not contradicted, you have an enforceable title. But it is probably not worth much.