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Consumer Rights Acts - Buyer's State, Seller's State or eBays State

*_nighthawk_*
Adventurer

When it comes to Consumer Rights Acts which State's laws does eBay's policy reflect?  The seller's State, the buyer's State or eBay's State?  And if it's eBay's State what is eBay's State?

 

And, did we, as members, sellers or buyers, relinguish any of our Rights to file a civil suit against a buyer or seller?

Answers (5)

Answers (5)

ijazzu
Guide
Last Edited 09:05:22 PM

I watch cases on Judge Judy and People Court all the time between buyers and sellers for items bought and sold on eBay

gosimus
Rockstar

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 27, 2017 9:35:17 AM
I can't stand that show. :-)
0 Helpful
ed8108
Guide

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 27, 2017 10:27:08 AM
Judge Judy performs arbitration to which the parties have agreed.
0 Helpful
ijazzu
Guide

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 27, 2017 6:29:11 PM
Last Edited 06:30:07 PM

@ed8108It's Still a civil matter in arbitration, which parties have agreed to find her ruling as final. She also dismisses cases without prejudice so they can be heard in a real small claims court. As I made light of the OP's question, buyers and sellers have taken each other to civil court.

0 Helpful
Superstar

Hi @*_nighthawk_*

 

I'm not an attorney ... but I've seen it posted on these Boards that Small Claims suits between an eBay buyer and seller must be filed in the jurisdiction where the item was sold:  the seller's location.

 

[You've already been told correctly that suits/disputes against eBay are handled through arbitration.]

 

gosimus
Rockstar

@*_nighthawk_*

 

< which State's laws does eBay's policy reflect? >   

I'm not an attorney, not even close, all I can offer is my own opinion.  I would say California.  Even though eBay reaches internationally, they cannot comply with the laws of every state and every country imaginable. 

 

They do try, though; they prohibit their members to sell certain items to certain countries; for example, you can buy pornography in the US and Canada but nowhere else.

 

Another example is firearm magazines.  eBay prohibits the sale of magazines with a larger capacity than ten cartridges.  Because some states have that prohibition, eBay applies it to everyone, even states that do not have that silly prohibition.

 

< relinguish any of our Rights to file a civil suit against a buyer or seller? >   

Again stressing that I'm a layman, I would say no.  The User Agreement is between you and eBay.

 

*_nighthawk_*
Adventurer

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 25, 2017 4:57:20 PM
Thanks gosimus, I tend to agree on both counts. I think I remember something about disputes between members and eBay were to be settled through arbitration under CA jurisdiction. But can't remember anything about member to member disputes outside of eBay Resolution Center which satisfactorily handles most disputes. I had a feeling the topic was above most of us. Now hoping an attorney might weigh in.
rixstuff
Rockstar

What is the problem?  More info might help.

*_nighthawk_*
Adventurer

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 27, 2017 5:54:44 PM
Last Edited 05:56:50 PM

I started both of the discussions in the following links.  I didn't realize eBay gave you such a short amount of time to edit a post.

 

In the first link I've added more info in the comments section revealing that I was dealing with a corporation registered in both CA and NJ.  Hope this helps.  I can supply more info upon request.

https://community.ebay.com/t5/Buying-Selling-Basics/32-49-10A-30V-DC-Power-Supply/td-p/27908333

 

https://community.ebay.com/t5/Payments/The-Bait-50-Off-10A-30V-DC-Power-Supply/qaq-p/27909032#M57517

0 Helpful
ed8108
Guide

Your Inquiry should best be directed to ebay for a response to the question presented related to consumer rights and ebay policy.

 

With respect to your second question please identify how and where you suspect you may have relinguished a specific right to file a civil action against either a buyer or seller

*_nighthawk_*
Adventurer

Re: Consumer Rights Acts - Buyer's State, Seller's State...

in reply to Dec 27, 2017 3:04:37 PM
I can't identify how and where I suspected I may have relinguished a specific right to file a civil action against either a buyer or seller. As a matter of fact I didn't think I had. I just didn't want to read those 'Terms of Service" things.
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