An eBay user wanted to auction on the platform his used BMW, but provided him inadvertently for 1 Euro to buy the immediate purchase. The prospect that closed now does not get the car or the seller compensation for a comparable vehicle in high 13.000 Euro, the Higher Regional Court decided Frankfurt am Main (AZ. 6 U 155/19).
"Offers a prospective customer with an eBay offer with the note: ‘price 1 €’ actually 1 euro, this does not lead to an effective purchase agreement if it is apparent to provide a mistake and, in fact, not an immediate purchase offer should be delivered, but auction was wanted", it is called in a message of the Higher Regional Court .
The defendant had on Ebay a BMW 318D at 172 in April 2011.000 km on the speedometer offered. The provider wrote among other things: "Price: € 1,00" as: "Vehicle must still have auction end within three days – picked up by the highest bidding and paid on the spot, instant purchasing offers are welcome." The plaintiff offered a euro and received the automated surcharge. The defendant finished the auction and pointed out the pleading that the price specified was meant as starting and not as an interest purchase price.
The district court Frankfurt am Main dismissed the claim of the potential builders, the appeal now had no success in front of the OLG. From the overall context of the sales offer it has become clear that it is the specification "Price: € 1,00" By a mistake. The defendant does not have to answer for that a mistake under the input of his offer to him, because from the context, it can be clearly seen that a auction was wanted. "This interpretation of the defendant’s will recognition after the reception horizon is clear here", formulates the OLG.
In other words was a case that dragged himself six years before the Federal Court of Justice. At that time, a car owner had offered his VW Passat on eBay for a minimum bid of one euro, the auction then canceled. Who got up at the time with 555 euros highest bidding before the BGH law and damages awarded.