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How do i take on Ebay?


Arbtech Tree Services
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I am a wheelbarrow.

 

Well, I'm not really a wheelbarrow, but I hope you see my point.

 

This may seem like semantics, but there are several differences between auctions and eBay. For an auction, you have the following:

 

  • An auctioneer
  • A registered auction house
  • The auction house in possession of the goods
  • A bidder tenders their individual maximum bid each time
  • The highest bidder wins

 

there are a few other points, but essentially eBay does not comply with any of these.

 

A key part of eBay not being an auction is the way the bids work according to their model. If it was a real auction, then you would put in your maximum bid each time, and the seller gets that amount. On eBay, you may put in £200 as your maximum, but the last other closest bid was £125, so you win for £130. The fact that you don't win at £200, means that you have not put in your maximum bid, as you would have if this were a real auction.

 

It goes back to the sales being an invitation to treat, where offers and counter offers are made until agreement, not maximum binding bids as in a real auction.

 

How about "book or proxy" bids, I can leave a bid on the books at any auction and they use that against bids "in the room"

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I am a wheelbarrow.

 

Well, I'm not really a wheelbarrow, but I hope you see my point.

 

This may seem like semantics, but there are several differences between auctions and eBay. For an auction, you have the following:

 

  • An auctioneer
  • A registered auction house
  • The auction house in possession of the goods
  • A bidder tenders their individual maximum bid each time
  • The highest bidder wins

 

there are a few other points, but essentially eBay does not comply with any of these.

 

A key part of eBay not being an auction is the way the bids work according to their model. If it was a real auction, then you would put in your maximum bid each time, and the seller gets that amount. On eBay, you may put in £200 as your maximum, but the last other closest bid was £125, so you win for £130. The fact that you don't win at £200, means that you have not put in your maximum bid, as you would have if this were a real auction.

 

It goes back to the sales being an invitation to treat, where offers and counter offers are made until agreement, not maximum binding bids as in a real auction.

 

I have one countless items almost in the fashion you describe . I watch the item and study the bidders and submit the most I am prepared to pay with 7 seconds to go . Often I win but sometimes I don't as a bidder has submitted a higher bid than mine days ago which does not show as his maximum until my last second snipe shows it as such . What I meant was it was not Buy it Now or a Classified add .

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Of course, but you have left that with the auctioneer, at the auction house etc.

 

I can see the point you are trying to make, that its no different, but legally, it is.

 

The bid is left with the auctioneer, or in most cases an employee, it doesn't have to be at an auction house in a physical form, traditional auction houses also take live online bids through services like ibidder so ebay or live physical auction its all the same.

 

How is it legally different?

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Tbh, I think something like this has to be put down to experience... I'd leave bad feedback and forget it.

 

 

 

Agreed, as for all the 'Legal Advice' the OP already said that ebay wouldn't release the sellers details.

 

I spoke to Ebay on the phone and the operative said that at his level he could only log a complaint, confirm that management would listen to my phone call and get back to me, they will not release the seller's details so that I can take this to court.

 

To take him to court he'll 1st have to take ebay to court to force them to provide the sellers details. In the end the seller may simply say it's lost/stolen/broken etc. My advice is forget it unless it's something of significant value, the odds are the seller will get his way in the end and you won't get the goods.

 

The question is how much time and effort (no to mention money) do you want to spend to be able to say you won in the end?

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To take him to court he'll 1st have to take ebay to court to force them to provide the sellers details.

 

Once the auction is over, both the seller and winning bidder get the others details, its simply a matter of pressing the right buttons, I had to do it when the buyer "cocked" in the purchase of my timber trailer.

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