The answer is yes if you want to enforce specific performance Oh, you can sue for specific performance all you want in your state or another state. Good luck in the other state, though. I never said that federal law was the ONLY law governing eBay auctions. If you notice, for its purposes, eBay cites both California (eBay's in San Jose) & UCC law. If you want results, though, bring down the federal hammer via The Internet Crime Complaint Center (IC3) which again is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C) on online internet fraud: http://www.ic3.gov/about/default.aspx Unless you don't think federal law applies.:whistle:
Not directly anyway. Funny thing is he and I were on the same side against the buyer with the side deal in the original thread he referenced. BTW, I repeat again, Bartelmoose is absolutely correct, it is against the eBay contract to sell in a side deal (except under occasional specific circumstances) and that contract can be enforced in the courts.
Read more carefully--the Ebay statement is just a self-serving sales pitch and there is no mention of any violation of law. Ebay rules are just that--Ebay's own self-protective rules. "The safer way to trade" is baloney--Ebay offers no meaningful buyer protection (the only protection is through Paypal and credit card use). I suspect there are many "off-Ebay" transactions daily. While they may not be "fair" to Ebay and do violate Ebay rules, they are not unlawful (the interstate commerce laws regulate the auctioneers, not the buyers). That is a crock --it is the seller's property and he or she can sell it at any time. Your scenario would constitute a violation of Ebay rules so the seller might get a demerit.
Looks like ebay is sending out troops to "spread the word". All these laws are moral laws. Basically, do you feel dirty afterwards.
You did not read my post, did you? That is in the eBay contract you signed. It is valid and enforceable.
It seems as if we have two ebay cops here, if you include RimMan. Jeez, I thought this was a forum about coins, not a lecture on ebay rules! Guys and gals, let's move on to something more productive.
I am not RimMan. Look at the letters again. We had moved on, you brought it up again. One thing that is respected here is honesty and we do not promote how to cheat the system.
Smoking the good stuff? Look through any area of U.S. coins and it's 75% hucksters, mis-representation, and fraud. It a risky place to purchase coins. There a small number of honest dealers, but most of these people are cheats. I've received coins cut in half, covered with paint, and shoe polished. There is no recourse.
No recourse? If you don't like it, return it and you are guaranteed your money back. All you have to do is use PayPal. What more do you want - eggs in your beer?
misled my favorite on e-bay was when (and being somewhat new to eBay) I bought three 1888 indian head cents, listed as "Red Indian Cents". The photo was not quite in focus, but the color was correct. When the coins arrived, they were brown and at best EF condition. I contacted the seller who basically blew me off saying, in essence, that he couldn't be responsible for my monitor not showing the right hues and the red referred to indians (where oh where were the PC police when I needed them), not the coin color. The upshot of it is that, unless the photograph is sharp and properly lit, or I have absolute return privileges or the coin is slabbed, I won't buy on eBay. The frustration is that the scammers ruin it for those sellers who what to present honest coins to sell. Bob
I am curious, when do you not "have absolute return privileges"? is on nearly every eBay item listed. Read it sometime.
I am not laughing about it, I think that ebay is remiss in not having some numismatists on staff to keep them from aiding and abetting the sale of forgeries.
unfortunately, that was before I used PayPal and the hassle wasn't worth it. Chalk it up to a learning experience.
Hey there, Big! Long time, no see. One thing I've admired about you is that you're consistent. Find any more "eBay ripoffs?" :whistle:
You and your "compadre'', who comprise the entire self-proclaimed forum Ebay cops team, are also to be praised for being very, very consistent. Let's cut the mutual admiration crap and return to numismatics since " This forum dedicated to the discussion of United States Coins".
If I list an item on eBay, it is sold through eBay (don't want to get booted off eBay) and rarely do I have a buyer try to go outside eBay. However, once the sale is completed satisfactorily, now I've established a relationship with a new customer and may sell him/her other items not listed on eBay. I don't see how that would violate eBay rules - they can't possibly, legally control future transactions, not listed on eBay.
As with so many potentially wonderful things...... Yup. Bottom line. Darn'm. But thank goodness for the orchids than we hope shall eventually exterminate those onions.
Whoa! show some decorum on this forum, Big! majorBigtime posted: "You and your "compadre'', who comprise the entire self-proclaimed forum Ebay cops team, are also to be praised for being very, very consistent. Let's cut the mutual admiration crap and return to numismatics since " This forum dedicated to the discussion of United States Coins" Now, was that in keeping with the forum's decorum, Big? BTW, Big, YOU'RE the one who posted a thread entitled "An eBay rip??" not me.
Thank God I matured long ago from buying anything on eBay. Thank God I matured (just my opinion) long ago from buying anything on eBay. I can see why sellers want to sell there I just can't see for the life of me why people would buy on there. Folks, go to shops, shows get out there and see what you are missing. I know that some are homebound and/or live for away but there are great dealers that will help you and they are not on eBay.