[geeks] eBay question

[Dan Sikorski]

Geoffrey S. Mendelson wrote:
> If someone were to advertise in a newspaper for sale for $800 or
> best offer, if they only get one offer are they required to accept it?
> That is very different than advertising for sale for "$800 or best
> offer over $600" or "$800 for best offer over $400" and not accepting
> anything less than $600 without saying so.
>   
The key word is OFFER.  In this case, the seller is making an offer to 
sell for $800, and indicating that they will listen to, but not 
necessarily accept, an offer to buy below that amount.  A contract is 
only formed when an offer is ACCEPTED.
> Since eBay is acting as a sales agent for you, what exactly is their
> involvment?  They are the ones that allow the false minimums to be
> advertised. I'm not a lawyer, but they may even be liable under the
> RICO act. They can not be held responsible for the actual merchandise.
> etc, but they do control the advertising and bidding process.
>   
These are NOT false minimums.  I am also not a lawyer, but i did take a 
basic course in business law, is this is a basic concept of contract 
law.  Please read, instead of just dismissing, some information about 
offer and acceptance.  If you do not trust wikipedia, pick up a book on 
business or contract law, or find another website with information.  I 
just used wikipedia because it it wonderfully simple to find information 
there.  If you don't believe me or wikipedia, feel free to consult a 
lawyer, they will tell you the same things that i am telling you, only 
they will charge you money for it.  If you do not look up any 
information, and do not listen to what everyone on this list is telling 
you, don't expect another reply from me. 

Offer and Acceptance is a part of every single sale.  In the case of 
real estate in the US, it all must be in writing.  In the case of buying 
can of soda from a vending machine, the offer is the on the front of the 
machine, and acceptance is when you insert money and press the button.  
This is a simple concept, and it applies to all sales, including 
auctions.  You just have to understand that the bidder is making the 
offer, and the seller is accepting it, and has the right not accept the 
offer if he/she chooses.  The auction listing is just a means of 
attracting an offer to buy, it is NOT an offer to sell.

Or, as mentioned by others on the list, if you don't like it, don't 
bid.  But don't claim that it is a violation of law or claim that ebay 
is a mass organization of racketeering or fraud.  I assure you that it 
is not.  I'm sure that Sotheby's and ebay have teams of lawyers that are 
sure that they are not racketeering.

    -Dan Sikorski