Home  >  Community  >  Fraud and Illegal Goods  >  Does this constitute fraud?


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 SKasselEA
 
posted on June 16, 2001 04:03:15 PM new
I believe it does, but since many of you have far more eBay experience than I, perhaps you can add your comments.

Several weeks ago, a seller advertised an NCAA college basketball tournament program that was signed by a team that went onto the Final Four.

The auction began at:

Apr-30-01 19:22:27 PDT and was to end May-07-01 18:05:13 PDT.

With about an hour to go in the auction, the top bid was $26. There was NO reserve set. I was getting ready to put in another bid when I received an e-mail that my bid was cancelled and that the auction was cancelled. I immediately e-mailed the seller.

The seller e-mailed me the following:
-----Original Message-----
From: xxxxx[mailto:[email protected]]
Sent: Monday, May 07, 2001 6:13 PM
To: xxx
Subject: Re: What the heck is going on?

Because I am not going to sell it for anywhere near $26.

From a bit of investigation, it appears that the seller does this whenever he doesn't like the price near the end of the auction.

He then removes the notification that this auction has been ended early by switching it to:
This auction has ended but the item has been relisted. Go to item now.

When you go to the item, he has replaced it with an entirely different item altogether.

The seller has a regular store and is in California. I have been considering taking this to the top levels at eBay as well as to the California Attorney General.

Thoughts, please?
 
 revvassago
 
posted on June 16, 2001 09:31:10 PM new
That is not fraud. The seller reserves the right to cancel bids of his choice, and end the auction any time he or she wishes. This is per eBay's rules.

But this has already been answered on the eBay forum.

This is right off the eBay site regarding cancelling auctions:

To cancel a listing: If there are bids on your item, you will need to end the auction and if you'd like, relist it following steps 1 through 3 below. If the item doesn't have any bids yet, you only need to do steps 1 and 3.

First, it's a good idea to explain why you are canceling. You can add your explanation by going to Adding to your item description.
Cancel each bid you have received here. In the 'Your explanation of the cancellation' text box, enter a brief, clear reason.
Once all of the bids have been canceled, end your listing here. NOTE: Do this quickly before another bidder has a chance to bid.
If you want to relist the item, go directly to your ended item page (find it by searching by your item number) and click "Relist item" which is below the payment and shipping terms.



You can't make a seller sell an item to you if they don't want to.
------------------------------------------

liquid8ter on eBay
[ edited by revvassago on Jun 16, 2001 09:39 PM ]
 
 uptoolate
 
posted on June 19, 2001 02:02:36 AM new
I don't believe cancelling bids & closing early consitutes fraud BUT eBay would consider switching items on relist fee avoidance. I think they skip warnings & go straight to suspension on that infraction. If you're auctioning a DIFFERENT item they expect you to pay a new listing fee, the free relist is only for the SAME item. You can definitely report him to Safeharbor for that.
 
 SKasselEA
 
posted on June 19, 2001 02:44:25 PM new
This is going to be fun. I have found numerous instances of fraudulently relisting items with other items.

He does this very, very frequently. I've found at least 10 cases in the past month. I am certain it is not done only when there have been non-paying bidders as I have found positive feedback on some of the auctions he has relisted.
 
 revvassago
 
posted on June 19, 2001 08:41:33 PM new
again, as was posted in the eBay forum on this discussion, many sellers use the "relist" feature to save time in relisting auctions. They are not circumventing fees, because these auctions are not eligible for credits.

I wonder, what do you mean "This is going to be fun"?
------------------------------------------

liquid8ter on eBay
 
 SKasselEA
 
posted on June 19, 2001 08:54:47 PM new
They were not merely relisting. I have talked with several reputable sellers that have looked at what this seller has done. It isn't kosher. I have already turned this cretin in and that was my pleasure.
 
 camachinist
 
posted on June 20, 2001 07:24:36 AM new
SKasselEA

My instincts tell me the seller wishes to avoid paying the reserve fee, which is non-refundable...

They list the items as no-reserve and then cancel them if said items don't reach their "reserve".

One or two items I could understand, especially if the seller provided a legitimate reason for the cancellation and withdrawl...

From you post, however, it sounds as if the seller has established a pattern of behavior. IMO, there isn't much a buyer can do except to report their evidence to SafeHarbor and avoid that sellers auctions. Normally, when I bid on auctions, I run the normal feedback checks on Vrane and do a seller sale history check, picking out random auctions to check bid history and how the auction "feels"....instinct is a large part of this, IMO...

Trust yours...

Pat
 
 traders2cl
 
posted on September 2, 2001 01:09:22 PM new
Please go over in detail your statement regarding "fraud prevention":

"I run the normal feedback checks on Vrane.."

What is Vrane? I always look at the seller's feedback, usually bidding on any seller that has only 1 or 2 negatives, especially if that seller has sold 100's of items.

"..and do a seller sale history check,

You open the seller tab and check the other items he has sold..but what are you looking for?

"..picking out random auctions to check bid history and how the auction "feels"....instinct is a large part of this, IMO..."

What exactly are you looking for in the auction history?

Trust yours...

 
 camachinist
 
posted on September 2, 2001 04:39:51 PM new
Vrane competes with AW in certain areas so discussion of them is considered promotional here and is forbidden...
There is a feedback widget which seperates out negatives and neutrals received as well as negatives given (although the negs received feature has had problems the last couple days).

I look for a pattern of discourse through feedback that adheres to my standards for business behavior based on my two decades in the business community....I look for calm, factual statements and replies and cast suspicion on wild, emotional statements typed in all caps...I also look for substance in the feedback...details of the post auction discourse..
I also look at a random sample of repeat bidders...what are they buying? From this seller and others...
If I get an inkling that shilling has been going on (through checking random auctions of repeat bidders), then I pass...

I also look to see what the seller has been selling, both through a random sample of extant auctions on their feedback page as well as those listed in their 30 day sale record....
Are they an expert or regular seller of the item I'm interested in? Are they consistent in their descriptions and TOS?

Then, if time permits, I send them a cogent question regarding their item and examine their reply (if any) for the same characteristics I've looked for in their feedback. If the seller has a phone number, I will often call to ask a question instead of e-mailing...

If I'm satisfied of the seller's reputation and competance, I then use another of Vranes services to leave a bid on the item.....to be executed in the last 15 seconds...

In my 2 years or so on eBay, I've purchased nearly a years salary of items and have only been incorrect in my assessment of the seller a couple of times...

For payment, I either use a CC (direct to the sellers merchant account, if possible) or a USPS money order. Both have their advantages and provide a modicum of perceived safety (CC's can be charged back and the USPS frowns upon fraud perpetrated with their money orders)

My methods aren't for everyone as they do take a bit of time and work but they do work well for me...

Never thought an auction could be that complicated, yes?

Pat
 
 traders2cl
 
posted on September 2, 2001 05:15:35 PM new
Pat - Thank you very much for the "Fraud Prevention" techniques. I would like to send a question to you regarding this subject. If you agree, could you please send an email to [email protected]?
 
 
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