Legal Issues

Legal Issues

by Mike Masnick


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Filed Under:
auctions

Companies:
ebay


Australian Court Says A Deal's A Deal On eBay

from the done-deal,-now-pay-up dept

People backing out of auctions or putting up fake bids has long been a problem for eBay (and users of eBay), but that may be changing in Australia, at least. A court there has ruled that a deal's a deal on eBay. This specific case isn't about a buyer backing out, though. This time, it was the seller, who had apparently worked out a private deal to sell something outside of eBay for more than the eBay bid, but the guy who won the online auction demanded that he get to complete the transaction. The court agreed, noting that the eBay auction was a binding contract. So, if you're trying to sell something on eBay (in Australia, at least) make sure you really want to sell it through eBay -- and the same probably goes for buyers.

10 Comments | Leave a Comment..

 

Reader Comments (rss)

(Flattened / Threaded)

  1. Deal

    by Anonymous Coward - Aug 3rd, 2007 @ 2:08pm

    Bust a deal, face the wheel!

    (reply to this comment) (link to this comment)

  2. Re: Deal

    by Anonymous Coward - Aug 3rd, 2007 @ 3:16pm

    Deal or no Deal?

    (reply to this comment) (link to this comment)

  3. Re: Re: Deal

    by Jeff - Aug 3rd, 2007 @ 6:17pm

    DEAL!!!

    (reply to this comment) (link to this comment)

  4. by DashRiprock - Aug 3rd, 2007 @ 7:32pm

    I've had that a couple of times, seller backs out of deal, complaints to ebay go nowhere. At least that's the deal here in Canada. I'm glad to see the Aussies putting some bite into it.

    (reply to this comment) (link to this comment)

  5. Re: Deal

    by Ajax 4Hire - Aug 3rd, 2007 @ 8:30pm

    If only...

    If only I could use the wheel when someone bust a deal.

    This story could also be titled:
    "Australian Court proves they have cajones."

    We don't need another hero,
    We don't need another way home.

    (reply to this comment) (link to this comment)

  6. BS

    by Jazz - Aug 5th, 2007 @ 6:26pm

    While I applaud the Aussie court for having the balls to do something like this, I have to feel sorry for the seller, who was forced to sell a classic war plane worth AU$250,000 for AU$150,000. Look at it from his perspective. He just wanted to get as much money for the item he was selling as possible and the court just cost him 100k.

    (reply to this comment) (link to this comment)

  7. Re: BS

    by Enricvo Suarve - Aug 6th, 2007 @ 12:46am

    No one forced him to put it on eBay, he knew it was an auction site and should know what "auction" means

    If he was that bothered he should have put a reserve price on it, but he didn't

    (reply to this comment) (link to this comment)

  8. Re: BS

    by Anthony - Aug 6th, 2007 @ 2:58am

    If he wanted to get as much money as possible he should have had a higher reserve price.

    (reply to this comment) (link to this comment)

  9. Re: Deal

    by Anonymous Coward - Aug 6th, 2007 @ 11:37am

    Gulag!

    (reply to this comment) (link to this comment)

  10. Write your own Legal Blurb!

    by Jason Buck - Aug 7th, 2007 @ 10:14am

    SELLER HAS THE RIGHT TO TERMINATE THE SALE OR ACCEPT OTHER OFFERS FROM NO eBAY SOURCES AT ANYTIME.

    What if the seller had this item posted in the newspaper, Craigslist or other method of selling. I think as long as no money exchanged hands the seller has the right to do whatever he or she wants with their product. eBay needs to put a cancellation policy in affect. Where the seller who terminates an auction where the item is sold is penalized 10% (which goes to the winning bidder not eBay). That way if the seller feels it is worth 10% then he or she certainly has the right to do what ever they want LOL.

    (reply to this comment) (link to this comment)

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