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<p>[QUOTE="AuctionLaw, post: 1426799, member: 37722"]Frank</p><p>I'm glad you found the Auction Law blog and hopefully you'll find a lot of useful information regarding auctions. </p><p><br /></p><p>However, the article you referenced is regarding the fiduciary duty of a Professional Auctioneer and their relationship to their client. While fiduciary duty between any individual and their client would typically be expected, and there are some that take consignments (i.e. eBay Traders) to sell for others, I would like to point out that there are some differences and who is actually responsible for such duties and who isn't (i.e. eBay). </p><p><br /></p><p>The first difference is that a Professional Auctioneer typically sells to a live audience and has full control over the venue. </p><p>Second, eBay is not an auction house. </p><p><br /></p><p>If you are conducting services for others on an online platform, such as eBay, you must know the terms that you must comply with, in order to use their online market services. Since it is their venue, they have the right to set the terms of use. You have the option to use it or find a different venue that meets your, and your client's, needs. </p><p><br /></p><p>This is no different than opening a storefront in a mall, which may also stipulate various requirements in your lease/rental contract. </p><p><br /></p><p>Your fiduciary duty to your client is to know the terms and limitations of any venue you choose and to clearly explain all aspects to your client. If the venue is not suitable to meet the needs of your client, then you should find the correct venue, disclosing which venue will be used, and ensuring that you can best meet your client's needs. </p><p><br /></p><p>In other words, eBay has no obligation to your client. That is your responsibility.[/QUOTE]</p><p><br /></p>
[QUOTE="AuctionLaw, post: 1426799, member: 37722"]Frank I'm glad you found the Auction Law blog and hopefully you'll find a lot of useful information regarding auctions. However, the article you referenced is regarding the fiduciary duty of a Professional Auctioneer and their relationship to their client. While fiduciary duty between any individual and their client would typically be expected, and there are some that take consignments (i.e. eBay Traders) to sell for others, I would like to point out that there are some differences and who is actually responsible for such duties and who isn't (i.e. eBay). The first difference is that a Professional Auctioneer typically sells to a live audience and has full control over the venue. Second, eBay is not an auction house. If you are conducting services for others on an online platform, such as eBay, you must know the terms that you must comply with, in order to use their online market services. Since it is their venue, they have the right to set the terms of use. You have the option to use it or find a different venue that meets your, and your client's, needs. This is no different than opening a storefront in a mall, which may also stipulate various requirements in your lease/rental contract. Your fiduciary duty to your client is to know the terms and limitations of any venue you choose and to clearly explain all aspects to your client. If the venue is not suitable to meet the needs of your client, then you should find the correct venue, disclosing which venue will be used, and ensuring that you can best meet your client's needs. In other words, eBay has no obligation to your client. That is your responsibility.[/QUOTE]
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