[ARC5] Dynamotor on ebay (now somewhat OT)

[Ian Wilson]

I don't think that making a bid in an auction constitutes a binding
contract.
The seller may close the auction at any time, for example if they discover
that their description is incorrect (the 'good' side) or they have received
a
compelling offer from elsewhere (the 'bad' side).

This seems to me quite different from a simple offer to sell for $x being
accepted, then withdrawn.

The eBay conditions are pretty clear about all this. If you don't want to
do business this way, no-one is compelling you to do so. Same as any
other game - poker or whatever - if it's within the rules, that's fair. If
not,
it's cheating, and you have right to some form of redress.

Not sure why I am extending this topic, please excuse me....

73, ian K3IMW


On Sun, Mar 8, 2015 at 2:04 PM, Leslie Smith <vk2bcu at operamail.com> wrote:

>   Hello Charles,
>   Coming from Australia, I can't speak about the law of contract that
>   applies in USA.
>   Here, in Australia (and presumably the UK) auctions proceed under 'law
>   of contract'.
>   This involves 'offer' and 'acceptance'.  Example:  In my city,
>   Newcastle, the council ran a parking station (for cars).
>   A customer, a woman, parked her car at the parking station.  The car
>   was damaged (somehow).
>   The woman sued the council to recover the damage.
>   The council pointed to a sign that said, "Park at your own risk" (or
>   words to that effect).
>   However, the sign wasn't visible at the place the woman bought her
>   ticket.
>   In court the point of dispute became 'conditions of the offer'.
>
>   Since the sign wasn't visible BEFORE the woman paid for the ticket,
>   "Park at your own risk" was NOT part of the offer.
>   The woman won the cost of repair, paid for by the council.
>
>   So far as your situation is concerned, the 'offer to sell' came from
>   the seller.
>   I will sell the dyno, there is no reserve.
>   You made an offer, and I would be interested to hear legal argument,
>   based on law, as to why the seller had a right to withdraw the sale.
>   This will be a matter of contract law, and HAS NOTHING TO DO WITH EBAY
>   RULES (I suspect).
>   (That would have to be tested, of course, but without a reserve price,
>   the seller has cut of the branch on which he sits.)
>
>   You will do every-one a favour if you complain loud and bitterly and
>   make people think carefully about any "offer" they put forward.
>   I suggest you document the original condition of sale, and the new
>   condition of sale.
>   (This goes to motive for withdrawing the item for sale.)
>
>   Find a reliable (but free) source of reliable legal advice.
>   Threaten legal action, based on that advice.
>   Make the seller aware of his obligation.
>   That's my 2c worth.
>
>
>   73 de Les Smith
>   vk2bcu at operamail.com
>
>
> On Sun, Mar 8, 2015, at 03:08, Charles wrote:
> > Thanks... This obviously is the latter, as the auction in no way has
> > changed except for a very much higher initial price...
> >
> > I didn’t realize it was allowed, thinking that both parties were
> > “committed” once a bid had been placed.
> > It may be legal, doesn’t make it ethical. I will not be bidding on
> > anything this person has in future, anyway...
> >
> > -Charles
> > WB3JOK/0
> >
> > From: Ian Wilson
> > Sent: Saturday, March 07, 2015 9:34 AM
> > To: Charles
> > Cc: ARC-5
> > Subject: Re: [ARC5] Dynamotor on ebay
> >
> > Cancelling an auction, even with active bids, has always been legal
> > by eBay rules. Sometimes sellers make honest mistakes. Sometimes
> > they get greedy. No way to tell.
> >
> > 73, ian K3IMW
> >
> >
> > On Sat, Mar 7, 2015 at 6:52 AM, Charles <charlesmorris800 at centurytel.net
> >
> > wrote:
> >
> >   There was a decent looking receiver dynamotor on ebay (although the
> >   shipping was a somewhat high $10) which I and someone else bid on,
> >   starting at $1.00.
> >   So my high bid was $1.25 although my max was considerably higher.
> >
> >   Lo and behold, the listing was canceled last night "due to an error in
> >   the listing"... then it reappears (with identical pics/text) with a
> >   $30.00 Buy It Now, plus shipping, and a "Make Offer" button.
> >   I offered my previous high bid (which is a lot more than $1.25) and it
> >   was automatically, instantly declined.
> >
> >   It is obvious that the seller was afraid he might actually have to
> >   honor a binding contract to sell it, even at $1.25. Which it would not
> >   have, I'm sure. He just wanted more money... thought this was against
> >   ebay rules, once bids had been placed. No good mechanism to report it
> >   (as if they'd give a rat's ass, all they want is their steadily
> >   increasing percentage). This really ticks me off though.
> >   Just wanted to rant. ;)
> >
> >   -Charles
> >
> >   ______________________________________________________________
> >   ARC5 mailing list
> >   Home: http://mailman.qth.net/mailman/listinfo/arc5
> >   Help: http://mailman.qth.net/mmfaq.htm
> >   Post: mailto:ARC5 at mailman.qth.net
> >
> >   This list hosted by: http://www.qsl.net
> >   Please help support this email list: http://www.qsl.net/donate.html
> >
> > ______________________________________________________________
> > ARC5 mailing list
> > Home: http://mailman.qth.net/mailman/listinfo/arc5
> > Help: http://mailman.qth.net/mmfaq.htm
> > Post: mailto:ARC5 at mailman.qth.net
> >
> > This list hosted by: http://www.qsl.net
> > Please help support this email list: http://www.qsl.net/donate.html
>
> --
> http://www.fastmail.com - Same, same, but different...
>
> ______________________________________________________________
> ARC5 mailing list
> Home: http://mailman.qth.net/mailman/listinfo/arc5
> Help: http://mailman.qth.net/mmfaq.htm
> Post: mailto:ARC5 at mailman.qth.net
>
> This list hosted by: http://www.qsl.net
> Please help support this email list: http://www.qsl.net/donate.html