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<p>[QUOTE=&quot;Troodon, post: 341736, member: 4626&quot;]Ask Denny&#039;s if the fact they had a sign that said &quot;We reserve the right to refuse service to anyone&quot; protected them from an illegal discrimination suit.&nbsp; Just because you put something in an auction listing doesn&#039;t give it the force of law or contract.&nbsp; If so I could put the words &quot;I reseve the right to keep your money and not send you anything&quot; in an auction and be able to legally steal people&#039;s money.&nbsp; Good luck trying to argue that constitutes a legal contract.</p><p><br /></p><p>I&#039;ll leave it to buyers to decide whether they want to bid on something from a seller that charges a restocking fee and to sellers to decide if they want to charge one.&nbsp; However I will say that if the item you buy is not as described the entire transaction is void... a seller who has basically defrauded the buyer, which is exactly what he has done if he didn&#039;t provide exactly the item the seller paid for, is not legally or contractually entitled to a single penny.&nbsp; I guarantee if you took something like this to court any competent lawyer would be able to succesfully make that argument, and any competent judge would agree.&nbsp; At the very least the seller would have to provide a full refund to the buyer... if any damages were assesed, it would be the <i>seller</i> who would have to pay them, not the <i>buyer</i>.</p><p><br /></p><p>This isn&#039;t a case of the buyer just changing his mind... the buyer was <i>defrauded</i> by not being sent the item he paid for... I guarantee no statement that the seller is entitled to a fee for reversing a fraudulent transaction would ever hold up in a court of law, no matter what a contract states.&nbsp; An illegal contract is no contract, and that&#039;s one of the basic principles of contract law.[/QUOTE]</p><p><br /></p>

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