Damn you are so wrong on this its too much to list but the key is FALSE ADVERTISING/LISTINGS on ebay are just that FALSE. It does not matter one bit whether the seller lied or just didn't know ( "honest mistake" as you call it ). Its still false and the seller has to FULLY refund /renegoiate in those cases. It doesn't matter to the buyer whether it's a lie or a mistake, they didn't get what they bought and that's a refund issue. A U C T I O N format doesn't matter or make it OK for a seller to make false claims. EBAY Auctions are not what you very mistakenly think they are. Just to confuse you more, not all ebay listings are even pure auctions any more, many have "But it now" options. Do you somehow think it makes a difference on what is acceptable to ship in those cases because it wasn't an auction ???
And regarding AS-IS auctions, most people know what they are getting into on them and bid/buy only on visuals but all things are not visual then the seller is STILL OBLIGATED to meet claims made for the items EVEN IF AS-IS. i.e. they cant say a 10 foot extension cord and then ship a 6 foot one or say a 16 LB bowling ball and then ship a 12LB one. Get it? This is mail order. The seller always has to meet all claims in his ads....EVEN AS-IS ADS. JCO -----Original Message----- From: Wigwam Jones [mailto:[EMAIL PROTECTED] Sent: Wednesday, June 15, 2005 4:13 PM To: pentax-discuss@pdml.net Subject: RE: Opinions wanted, ebay item condition > Wrong dude, I have done THOUSANDS > of ebay auctions as a buyer and seller > and the auction format is nothing more > than a different way to price/sell > the item mail order compared to "fixed pricing - > first come first served". I'm sorry, what was that word you just used? "Auction?" Right. There is nothing new here. Auction means auction. The fact that it is online is the only thing that is new here, not the buying/selling method. > The seller > still has to deliver what he claimed > and the auction format doe not give > him any escape from that and YES > they DO have to "eat" all those pesky > costs like shipping, paypal fees, ebay fees > etc WHEN THEY FALSELY list the item. Who decides what is "FALSELY list"? YOU? What if the seller was just not an expert? Oh well, screw them, honest mistake or not. And buyers who have magnifying glasses and an anal retentive problem? Well, the customer is always right. Nope. > how else could it work? The way auctions work. They've been around awhile. They all work the same way. You bid, you buy, you pay. If it breaks in half before you get it home, you get to keep both halves. Caveat Emptor - you ever hear about that before? > You expect buyers > to bid on stuff that MIGHT be what seller says it > is? Yes. That's what happens in an auction. >NO! bidders expect and sellers are obligated > to deliver on all claims for the item in > the decription.... Yes. If the seller says it is 'new' then it has to be new. But what if the seller says 'nearly new?' What does that mean to you? To me? To the seller? It is not just a black-and-white situation. >Even "AS-IS" auctions the > seller has to deliver on claims made if any. Bullshit. As-is means as-is. It has always been this way. If I say "I will NOT give your money back, no matter what, consider that before you bid" then it is YOUR problem to consider that before bidding. If you don't want the risk, then don't bid. You know the conditions of sale. Caveat freaking emptor. > If not > the whole ebay thingy would collapse if buyers > knew sellers could just lie at will about the items > condtion without any negative consequences... You don't seem to understand the difference between "seller did not know" about a defect or problem and "seller lied to me" about a defect or problem. Yes, some sellers lie. If you can prove that, then of course you should get your money back. And crooked sellers should go to jail. But you can't just assume that because an item does not meet your standards, whatever they may be, that the seller is therefore dishonest. "FALSELY LISTED" I swear, I'm going to scream. Yes, some sellers lie. They are falsely listing thing. Others just make mistakes, or don't know the difference, or your standards of excellence are not the same as theirs. Whatever. In your opinion, if YOU don't like it, the seller FALSELY LISTED it. It makes me want to puke. > Mail order is totally different than live, the buyer > NEEDS to know that all claims made are true or > they wouldn't be able to bid realistically.... Wrong. Live auctions do not allow you to test-drive the merchandise either. You can usually examine it before the auction, if you can get there early enough, if you can get to the front of the line before the auction starts. Auctions are auctions because there is a chance that a) you get a great deal or b) you get a not-so-great deal. But the concept is that no matter what, you won't bid what the item is worth retail, because to do that would be stupid. If you buy something retail, you get what you paid for regardless. If you buy something at auction, you get what it is, not what you hoped it would be. I don't understand why no one seems to understand what an auction is. This 'gimme gimme' culture has everybody believing that the world is supposed to look out for them and make sure they never suffer disappointment in any way. Wow.
