Can I re-list and sell an item that currently has a case open for it - unpaid item?

I sold an item 8 days ago and the buyer has not answered my emails or contact attempts nor has he made payment. I have opened an unpaid item case for it however as you may know they have over a month to make payment. I would like to sell my item as quickly as I can hence listing on eBay. If I re-list and sell my item to a new buyer and the original buyer makes payment after that has already occurred, what happens? Does he lose his right to the item as he didn't pay or does it still belong to him until after the case is closed?

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A month to pay is not correct. I think you have confused with sellers having 32 days to open a case.

After you have opened an unpaid case, you can close it 4 days later.

You get your fee back, buyer gets a strike and then you are free to relist.

And yes, don't relist until case is closed otherwise you may have 2 buyers on your hands with only one item.

 

An unpaid case can be opened 4 days after sale giving buyer a further 4 days to pay, then it can be closed.

In effect the buyer has a minimum of 8 days to pay.

 

After an unpaid case has been closed I add the buyer to my Blocked Bidders List.