[geeks] eBay question

[Geoffrey S. Mendelson]

On Wed, Sep 05, 2007 at 07:27:25AM -0400, Patrick Giagnocavo wrote:
> Ah, that is the core of your argument, that the minimum bid is  
> exactly equal to an offer to sell at a set price.
> 
> It isn't.

I never said it was a SET price. What I said is that it's an offer
to sell at the highest bid he gets with a minimum bid. 
 
> The owner of the item has the right to dispose of his property or  
> not, as he sees fit.  In an auction, he sets the terms, since he is  
> the one paying the auctioneer.

But he's advertising it for sale. He's advertising that you can "win" the
auction with a specific minimum. If he has a published reserve, then it's
a misleading advertisement but he does say what the true minimum is.

If it has a hidden reserve he's falsely advertising the minimum bid.

Does anyone selling an item have the right to advertise one price
and then refuse to sell it at the advertised price? 


> Don't like it? Don't bid. That is your only recourse.

In my case yes. I am not a resident (but am a citzen of) the U.S. and
I am not a resident of California. Someone who lives in the U.S. could
complain to the Federal Trade Comission, or whatever department of
the State of California that oversees sales.

While a private individual may be allowed to refuse te sale if he does
not like the price, does a business? Does using eBay make it no longer
a retail sale?

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.

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.


Geoff.

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