Item Locations

[bingodot3]

So we went to buy an item and there were many I chose the one that said the Item Location was in KY.

After I purchased them, it took 5 days for them to process and then when it was shipped it was shipped from California.  so the item was not located in KY just the Chinese seller is.

Does eBay have a policy that the Item must be at the location they are saying it is?

Probably not but I wanted to ask.

CJ

[simba6]

Ebay does have such a rule. However, as you have seen many are sneaking around it.  In time I suspect ebay might start to enforce it.  Ebay does not want unhappy buyers so they do need to take action.

[japan-treazures]

@bingodot3 

eBay does have a policy that sellers must list a correct address. We need to report these sellers, it is happening a lot. The reason it comes from California is that it gets shipped there from China. This is happening a lot. You can find that under the item location misrepresentation in this link:

https://www.ebay.com/help/policies/selling-policies/selling-practices-policy?id=4346

You can report the seller. After so many strikes against their account it will be suspended. 

Go to the link below and hit report seller, you will get to where it ask you what they did, you will hit otehr and write a description.

Here is the link to reporting a seller:

https://www.ebay.com/help/buying/resolving-issues-sellers/report-issue-seller?id=4022&st=3&pos=3&que...

Hope this helps!

[tamaralea]

I reported a seller yesterday for the same violation.  It appears to be rampant.

[7606dennis]

It is a violation of policy to falsely state the items location and such violations should be reported.  Of course, the item location may not be the same as where the seller is located or registered.  Item location is found on the payment & shipping tab which is a part of the listing. 

[bingodot3]

I found that if they say it is in KY then there is no tax they have to pay. But in California they have to pay taxes. So it looks like a way to not pay taxes on their sales out of California by selling them from other states but shipping from California. Unless it is a second purchase.

[7606dennis]

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@bingodot3 wrote:
I found that if they say it is in KY then there is no tax they have to pay. But in California they have to pay taxes. So it looks like a way to not pay taxes on their sales out of California by selling them from other states but shipping from California. Unless it is a second purchase.

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Why would that be?  It is the buyer that is subject to sales tax not the seller.  While I'm not sure whether Kentucky has enacted a marketplace facilitator statute, the buyer may still be responsible for paying the tax to Kentucky if the item is delivered there.  Of course, if the item is delivered in California the tax would be collected by eBay under that state's marketplace facilitator law.

Of course, where the item is being shipped from is irrelevant since it is the place where it is delivered that determines the buyer's tax liability.

[bingodot3]

I didn't say sales tax.

Try California business and income tax evasion.

[7606dennis]

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@bingodot3 wrote:

I didn't say sales tax.

Try California business and income tax evasion.

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Why would that apply?  That would be an income tax related to the seller's business activities and have nothing to do with the buyer's location unless the seller was operating from a nexus in that state.  

[7606dennis]

Being that you are in NY, why are you concerned if the seller is properly licensed and taxed in California?  It wouldn't make any difference in what tax you, the buyer, would be required to pay.  That is something that the seller would have to deal with just as they do their federal income taxes.

[david1962f]

I bought an item that was listed in being located in California, then shipped from China.  I submitted a consumer complaint to the State of California's Attorney General's Office.  I named both the seller and Ebay in the complaint (since this is a pervasive problem that Ebay ignores).  I recommend going this route.  The California complaint website is very easy and I imagine most other states have the same mechanism for filing complaints.  I did receive a letter in the mail from the office with the standard "we take complaints serious but can't disclose  what we do".  Maybe if enough people complain to enough State Attorneys General, Ebay will feel some pressure to clean up this mess.

[7606dennis]

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@david1962f wrote:

I bought an item that was listed in being located in California, then shipped from China.  I submitted a consumer complaint to the State of California's Attorney General's Office.  I named both the seller and Ebay in the complaint (since this is a pervasive problem that Ebay ignores).  I recommend going this route.  The California complaint website is very easy and I imagine most other states have the same mechanism for filing complaints.  I did receive a letter in the mail from the office with the standard "we take complaints serious but can't disclose  what we do".  Maybe if enough people complain to enough State Attorneys General, Ebay will feel some pressure to clean up this mess.

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I can't imagine why a Chinese seller would concern themselves with your complaint to the state of California.  It is doubtful that California could extradite the seller from China.

Of course, if the item location was stated as being in California and it was not, eBay should be informed of the policy violation.  I'm not sure if your complaint to the state of California will amount to much.  A statement when listing makes the accuracy of the information in the listing the responsibility of the one doing the listing.  Frankly, eBay takes the seller at their word until it is shown that that seller's word is not to be trusted.  Anyway, please let us know if you hear anything from the State of California about the outcome of your complaint.