If You Buy A Plane On eBay... Is The Sale Final?

A rare World War II-era aircraft is at the center of a dispute in Australian court that may change the way items are bought and sold on eBay.

The Australian newspaper reports warbird enthusiast Peter Smythe is suing Vin Thomas, the man who allegedly broke the rules of the popular online auction site when he refused to release a 1946 Wirraway purchased by Smythe.

Thomas put the plane -- one of only five still in flying condition -- up for sale on eBay in August... and set a reserve price of $150,000 Australian. With seconds left to bid before the auction closed on August 25, Smythe met the reserve price -- and the sale was final.

Or was it? Turns out during the weeklong auction period, Thomas received an offer from another buyer in Queensland for nearly $250,000. Although he agreed to sell the plane to that buyer, Thomas did not take the plane off the site... and Smythe says that means the plane is his.

The matter is now the hands of the New South Wales Supreme Court -- where Smythe has requested the judge order Thomas to give him the plane, currently locked in a hangar near the NSW-Victoria border.

"The significance of the case is that in the event that the purchaser fails, it would appear that parties cannot rely upon or have any confidence to enforce agreements and auction results arising on the eBay electronic online auction and trading system," said Smythe's lawyer, Trevor Hall. Smythe added he has used eBay often -- and that the rules are "very clear."

Thomas -- a first-time eBayer -- feels he was in the right in accepting the higher bid. "I did not expect anybody would pull this sort of stunt," he told the Australian. "The Queenslander gave us a quote to buy it, he did exactly what I asked him to do and the fellow from Adelaide snuck in under my guard."

"I feel like I've been hung out to dry," Thomas added.

For its part, eBay is steering clear of the dispute... and has not responded to Smythe's request for help paying for legal fees. EBay spokesman David Feiler also said sellers listing items in certain categories, such as houses, do not enter a binding contract to go through with the transaction once the auction ended.

But do aircraft fall into that category, as well? As they say... that's for the courts to decide.

FMI: www.ebay.com