Listing is a LEGAL binding contract ! BUT !!

[whiteyswrecking]

Ok, so was talking to a friend ( BOOB lawyer ) great guy though !! LOL

So since listings are a binding LEGAL agreement ( as stated in eBay's rules ) 

I was informed that when the listing STATES CLEARLY return shipping is buyers responsibility ( FOR ANY REASON ) , eBay can not force sellers to pay return shipping .. The buyer HAS agreed to the listing shipping and return policies , A BINDING AND LEGAL CONTRACT !!! 

Very interesting.... 

[maxine*j]

The binding and legal contract called the eBay User Agreement trumps any contract you attempt to establish in your listing.  Show the User Agreement to your lawyer friend.

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[lakefor94]

You were misinformed by your lawyer friend.

The eBay MBG supersedes any stipulations a seller puts in a listing.

Any return with an Item Not As Described type reason, the seller is responsible for return shipping if the seller wants the item back before refunding. 

[theteamsetguy]

@whiteyswrecking ,

Ebay also states next to the return policy link. "You (meaning buyer) are covered by Ebay's MONEY BACK GUARANTEE.

[whiteyswrecking]

The listing is the buyers contract ! as stated in eBay rules  THEY have agreed to the listing.. YOU need to read the agreement

Copy and pasted from #7 purchasing-- 

• You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,

[robbie31415]

The buyer did agree to the listing.

You should recheck the listing they agreed to.

As @theteamsetguy pointed out. EBays MBG is on that listing and it does include reasons a seller has to pay return shipping.

[maxine*j]

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@lakefor94 wrote:

You were misinformed by your lawyer friend...

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That's because the lawyer friend was quoted only the "binding contract" bit that suited OP to quote.  Had the lawyer seen the eBay User Agreement, been told about the Money Back Guarantee, et cetera, he would have been able to give OP accurate information. 

In fact, the lawyer friend probably wrapped his reply in a thick blanket of eraser language:  "Based on what you say..."  "Having done no research myself...  "In general, but not withstanding..."  blah-blah-blah.  😄

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[whiteyswrecking]

I have done NO research myself,, I just thought it was interesting what he had to say.. 

[maxine*j]

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@whiteyswrecking wrote:

I have done NO research myself,, I just thought it was interesting what he had to say.. 

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And neither has your lawyer friend done any research;  thus, the incorrect information he gave you and your own misapprehension of what you call "the eBay rules."

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[lakefor94]

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@whiteyswrecking wrote:

I have done NO research myself,, I just thought it was interesting what he had to say.. 

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What he said is what a LOT of sellers think since many of them do not bother to read the eBay MBG for buyers that is posted in every listing any seller creates and any listing a buyer purchases from.

There is no getting around it if the buyer chooses to implement the MBG.

[ckimodog]

@whiteyswrecking 

A Boob lawyer?  They have attorneys for everything these days. 😐

[retro_entertainment_collectibles]

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@ckimodog wrote:

@whiteyswrecking 

A Boob lawyer?  They have attorneys for everything these days. 😐

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Well... Cosmetic surgery attorney which is kinda funny given how much of law these days appears so much like a cosmetic surgery gone way awry.  😁

[whiteyswrecking]

I'm sorry but that's funny !!!  LOL 

[tinsoldierunderground]

In a binding legal agreement  between two parties, with no other entity involved,  I would agree.

But ebay is the platform that both seller and buyer subscribe to, and agree to govern themselves according to it's rules and regulations.   Any stipulation by a user of this platform that is not in line with ebay policy would be trumped by the user agreement that both parties agreed to when they created their accounts.

[dbfolks166mt]

     There are actually contracts the first is between the seller and eBay the second is between the buyer and eBay. There is no contract between the buyer and the seller. The seller is bound by the contractual agreement with eBay as it is outlined in the terms and conditions the seller agreed to when they entered into the agreement. The buyer is similarly bound by the terms and conditions they entered into the contract with eBay. 

     The only way the contractual arrangement is null and void is if violates one of the 5 basic elements of a contract or something within the terms of the contract is against the law or illegal. One party cannot change the terms of the contract without the consent of the other party. Listings that attempt to override the terms of the contract are invalid. A lot of people mention the MBG but this applies to all the terms of the contract, fees, restricted items, funding holds.........................