posted on October 2, 2000 12:10:54 AM new
hi everyone, thanks for everyones reply to last nights post! I cannot find it to reply to your answers. QUESTION --does anyone know how legal is a bid on ebay? Will a court suport you in the fact that ebay states it is a legaly binding contract? Has anyone ever won a lawsuit against someone placing a libelous feedback --false feedback that accuses a person of fraud is seriouly interferring with that persons right to make a living--I stated in my auction that I had never seen a bronze in this form -to use your own judgement and to email me with questions...my buyer did---after the auction---- and no I did not state in the title that it was a bronze-I did state that it was ca 1920-1930 and stand behind that statement--I feel I have did no wrong and do not have to refund money--can I GET IN TROUBLE for fraud--any ideas and opinions welcome and encouraged
Feedback Removal Policy:
http://pages.ebay.com/help/community/fbremove.html
"Circumstances Where eBay Will Consider Removing Feedback
- eBay is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal, or with a settlement agreement resolving such a lawsuit submitted by both attorneys and signed by both parties. eBay will also accept a ruling by a certified arbitrator, where both parties agreed to submit the issue to binding arbitration."
Penalties for Committing Fraud on eBay (Section 5.3 of the User Agreement):
http://pages.ebay.com/help/community/png-user.html
"Without limiting any other remedies, eBay may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site."
posted on October 2, 2000 05:05:48 AM new
You better worry about what your customers think ahead of eBay and the courts. Firestone can do all the legal trickery they want right now but they have screwed themselves with people who buy tires. My Dad was a Firestone retiree and got an automatic 20% discount from their stores and would never buy there because he sai the product was crap. If you offend the public who offer you their custom there is no appeal - you are dead meat honey bun.
posted on October 2, 2000 06:18:16 AM new
Anyone can sue anyone else for anything. The question is whether or not they can win. If you're not in the same state as your buyer, as a practical matter, he probably won't come to your state and sue you.
He can contact ebay and he can file for the insurance and claim he was a victim of fraud. How much investigation ebay does, how they determine whether he is or isn't a victim, I don't know.
If he wants to pursue this, he can also contact the postal authorities and complain that you used the mails for fraud. He can also contact the various agencies, the FBI, for example, and claim he was a victim of internet fraud.
How unhappy is he? Do you know how likely he is to pursue his claim?
posted on October 2, 2000 06:31:35 AM new
Your main concern, at this point, should probably be the fraud complaint. If what you've said about the auction description is accurate, I don't believe the buyer has grounds for a successful complaint in any forum. The listing clearly states that you are unsure of what the item really is, and the buyer should have emailed you with questions BEFORE the auction ended. At this point, he is responsible for his error. As I said in the other thread, I'd refund his bid price, at best, after he returns the item to you.
You've offended this ONE buyer. If your selling practices make this the exception rather than the rule, then your Ebay business will be successful. Hardly compares to the Firestone debacle.
