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legally bound?

 
 
eric phillips
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      04-18-2005
A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
coupon of $500 . The seller had made a mistake of quoting the lower
price instead of $3999. He has since changed to the correct price.
My question is. If someone had taken up the offer to 'buy now' at the
lower price would the seller be bound to selling at this price?
eric phillips
 
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Ivor Floppy
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      04-18-2005

"eric phillips" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
> coupon of $500 . The seller had made a mistake of quoting the lower
> price instead of $3999. He has since changed to the correct price.
> My question is. If someone had taken up the offer to 'buy now' at the
> lower price would the seller be bound to selling at this price?
> eric phillips


I assume eBay follows the same laws as all other retailers, in which case
there's nothing legally binding the seller to actually sell an item - the
can just return any monies paid and wave bye-bye.



 
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Tom Scales
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      04-18-2005

"Ivor Floppy" <(E-Mail Removed)> wrote in message
news:_rD8e.8752$(E-Mail Removed)...
>
> "eric phillips" <(E-Mail Removed)> wrote in message
> news:(E-Mail Removed)...
>>A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
>> coupon of $500 . The seller had made a mistake of quoting the lower
>> price instead of $3999. He has since changed to the correct price.
>> My question is. If someone had taken up the offer to 'buy now' at the
>> lower price would the seller be bound to selling at this price?
>> eric phillips

>
> I assume eBay follows the same laws as all other retailers, in which case
> there's nothing legally binding the seller to actually sell an item - the
> can just return any monies paid and wave bye-bye.
>
>
>


I don't agree. Can you cite a specific law?


 
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Matt Silberstein
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      04-18-2005
On Mon, 18 Apr 2005 00:46:50 GMT, in rec.photo.digital , "Ivor Floppy"
<(E-Mail Removed)> in <_rD8e.8752$(E-Mail Removed)>
wrote:

>
>"eric phillips" <(E-Mail Removed)> wrote in message
>news:(E-Mail Removed).. .
>>A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
>> coupon of $500 . The seller had made a mistake of quoting the lower
>> price instead of $3999. He has since changed to the correct price.
>> My question is. If someone had taken up the offer to 'buy now' at the
>> lower price would the seller be bound to selling at this price?
>> eric phillips

>
>I assume eBay follows the same laws as all other retailers, in which case
>there's nothing legally binding the seller to actually sell an item - the
>can just return any monies paid and wave bye-bye.


In general if there is an agreement and some action taken to further
that agreement then there is a contract and the parties are bound by
the contract. EBay has some particular rules, but that is actually a
separate issue. As a practical issue if the seller is in a separate
state all you can do is hurt their EBay reputation.


--
Matt Silberstein

All in all, if I could be any animal, I would want to be
a duck or a goose. They can fly, walk, and swim. Plus,
there there is a certain satisfaction knowing that at the
end of your life you will taste good with an orange sauce
or, in the case of a goose, a chestnut stuffing.
 
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chrlz@go.com
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      04-18-2005
I can't cite the law either, but I can assure you that the same is true
here in Australia, where our consumer laws are generally pretty good.
In general terms a seller cannot be forced to sell an item at an
advertised price. However, and here's the catch - if the seller was
found to be using that practice in order to mislead, ie if s/he did it
several times, or with an intention to defraud, then they could be
prosecuted. There are some other provisos too..

As to how individual countries laws might be applicable, if at all, to
Ebay, I have no idea.

 
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Journalist-North
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      04-18-2005

"eric phillips" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
> coupon of $500 . The seller had made a mistake of quoting the lower
> price instead of $3999. He has since changed to the correct price.
> My question is. If someone had taken up the offer to 'buy now' at the
> lower price would the seller be bound to selling at this price?
> eric phillips


------

In the general concepts of contract law, NO he wouldn't be bound by the
offer if it could, and indeed was in this case, be characterised as a
"mistake" in setting the terms, e.g. an error in computing the correct
selling price.


 
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Sheldon
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      04-18-2005
I'm pretty sure eBay has provisions for this. AFAIK eBay allows for
"errors" either on the side of the seller or the buyer.

Just as brick and mortar stores make errors in ads, people make errors when
they post things on eBay. And what if you accidentally bid $5000 for
something you meant to bid only $500 for? You can retract a bid under the
right circumstances and the item will go to the next lowest bidder if they
have met your reserve.

Since eBay is a private concern, I don't think there are any city or state
laws which apply to what happens on eBay, unless you start getting into
nonpayment and fraud.


"Matt Silberstein" <(E-Mail Removed)> wrote in
message news:(E-Mail Removed)...
> On Mon, 18 Apr 2005 00:46:50 GMT, in rec.photo.digital , "Ivor Floppy"
> <(E-Mail Removed)> in <_rD8e.8752$(E-Mail Removed)>
> wrote:
>
>>
>>"eric phillips" <(E-Mail Removed)> wrote in message
>>news:(E-Mail Removed). ..
>>>A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
>>> coupon of $500 . The seller had made a mistake of quoting the lower
>>> price instead of $3999. He has since changed to the correct price.
>>> My question is. If someone had taken up the offer to 'buy now' at the
>>> lower price would the seller be bound to selling at this price?
>>> eric phillips

>>
>>I assume eBay follows the same laws as all other retailers, in which case
>>there's nothing legally binding the seller to actually sell an item - the
>>can just return any monies paid and wave bye-bye.

>
> In general if there is an agreement and some action taken to further
> that agreement then there is a contract and the parties are bound by
> the contract. EBay has some particular rules, but that is actually a
> separate issue. As a practical issue if the seller is in a separate
> state all you can do is hurt their EBay reputation.
>
>
> --
> Matt Silberstein
>
> All in all, if I could be any animal, I would want to be
> a duck or a goose. They can fly, walk, and swim. Plus,
> there there is a certain satisfaction knowing that at the
> end of your life you will taste good with an orange sauce
> or, in the case of a goose, a chestnut stuffing.



 
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Matt Ion
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Posts: n/a
 
      04-18-2005
eric phillips wrote:

> A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
> coupon of $500 . The seller had made a mistake of quoting the lower
> price instead of $3999. He has since changed to the correct price.
> My question is. If someone had taken up the offer to 'buy now' at the
> lower price would the seller be bound to selling at this price?


Legally, I don't think so... you might want to check eBay's specific
policies though, they may have different rules for their members.

The catch of it is, you could try to back out, but the seller could
still try to hold you to the purchase, despite their error.

I bought a cell/USB cable once from an eBay retailer, accepted their
"Buy Now" price, and as I was looking through the ad to find their
shipping cost to add to my PayPal form, I noticed nice big bold letters
stating shipping was only available to the US (I'm in Canada). So I
gave up on that idea, stopped the process before making payment, and
went on to find another retailer that would ship to Canada.

When the first seller started emailing me reminding me of the "contract"
and my "obligation to pay", I pointed out to them that their site stated
in large bold letters that they only shipped to the US, and on seeing
that, I decided to shop elsewhere. They responded that they did indeed
ship internationally and pointed out that is said so elsewhere in the ad
(it did... in small letters near the very end).

They refused to accept that their wording was ambiguous and insisted
that I must pay or be labelled a "bad buyer". I offered to label them a
"bad seller" because of their misleading ads. They responded that if I
did so, they would automatically list me as a "bad buyer".

Now this strikes me as particularly idiotic... I could be the best, most
reliable buyer on the whole freakin' net, but if I should have a problem
with them and have the gall to say so, they'll AUTOMATICALLY toss the
label back in my face. Seems to me like some kind of abuse of the system.

I ended up eating the $25 and buying a second cable for my phone, which
ended up NOT being exactly as advertised (they sold it as a "USB cable
with charging" - they shipped one USB cable, and a separate
car-cigraette-lighter charging cable... assholes). By that time I just
didn't have the energy to deal with them anymore.

Just for the record, the store was Cellular Oasis
(http://stores.ebay.com/cellularoasis) - do avoid them, they're idiots...


---
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Virus Database (VPS): 0515-6, 04/17/2005
Tested on: 4/17/2005 7:54:06 PM
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Mark˛
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      04-18-2005

"eric phillips" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
>A 1d mark 2 was on ebay for the'buy now' price of $3499 with a rebate
> coupon of $500 . The seller had made a mistake of quoting the lower
> price instead of $3999. He has since changed to the correct price.
> My question is. If someone had taken up the offer to 'buy now' at the
> lower price would the seller be bound to selling at this price?
> eric phillips


If you advertise to sell your home for one dollar...you still do not have to
sell it to me.
-No matter what I click.


 
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Chris D
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      04-18-2005
On Mon, 18 Apr 2005 02:54:28 GMT
Matt Ion <(E-Mail Removed)> wrote:

> but if I should have a problem with them and have the gall to
> say so, they'll AUTOMATICALLY toss the label back in my face.
> Seems to me like some kind of abuse of the system.


Seems to me like standard Ebay practices from all that I've seen
of Ebay. I Agree it's crap, but it's standard. You leave
someone bad feedback, and it's gonna show as a bad feedback on
you as well.

-Chris D
 
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