eBay

qcables7 · ‎07-18-2021

I am auctioning an item with a decent value. A potential buyer with extremely broken english messages me asking if I would accept a much higher price than I expected the item to sell for. After I say yes, he says he placed a maximum bid for the proposed price. Because there is still some time left in the auction and the current highest bid is way lower than his maximum bid, he says he thinks the best option would be to cancel the auction and relist the item for the proposed price. I do this and do have a confirmed payment from him. Everything seems to check out, except the broken English, the fact that it seems to good to be true, and that the shipping address provided seems to be an airport shipping company (I assume it's going to China given the information I've been provided). Before I ship the item, I just want to make sure this isn't a common scam. I will be careful to document everything and get all the necessary tracking info and insurance. Thanks

vintagecraze50 · ‎07-19-2021

Most of the time if someone is offering you much more than what the item is worth it is a scam. Since you have already stopped the auction and sold this item to this person you are required to ship it. If you continue to feel unsafe about this you can cancel the sale with problem with buyers address but, it that address is a verified address ebay will give you a defect on your account if you cancel this. Personally if I were running auctions I would NEVER give in to a request like this because many time the HIGH BALL offers are the scams. Good luck.

7606dennis · ‎07-19-2021

@a_c_green wrote:
@7606dennis wrote:
@a_c_green wrote:
@7606dennis wrote:
@qcables7 wrote:
I relisted the item as a regular (non auction) item on ebay, so I'm not going outside of the ebay system. He bought the item and I have pending funds in my ebay payments center. Anything else I should look for?
Which is it? Either you listed it as an item being sold at auction or a fixed price listing. I have already given my advice regarding an item being offered at auction, but if the item is being offered at a fixed price and someone is offering more than the asking price I be very suspicious. Such offers are usually scams.
If someone is offering more than the asking price of a Fixed Price listing (not an auction), then yes, that is a scam. There is no valid reason to offer more than the Fixed Price.

In this case, the OP agreed to an offer received in messaging for a currently-running auction (that had no actual Make Offer button, apparently), but then ended the auction and relisted as a Fixed Price at the offered amount, which the buyer then paid.
In that case, the OP could still possibly find themselves in a precarious position if the item had already received bids depending upon the seller's state's auction laws. Many state's have laws governing the conducting of auction sales designed to protect the public. While sellers may withdraw items from a sale prior to the fall of the hammer, except in the case of absolute auctions, it must be done correctly or the bidders may have grounds for a legitimate complaint. Such complaints could be more costly than any profit made from the quick sale made from the offer. This is especially true in states that highly regulate auctions and have strict licensing procedures.
I do wish you'd stop posting these quasi-legal fantasies about eBay sellers getting into dire legal straits based on some purported state laws, within which eBay seems to have been operating successfully since 1995. You could at least trot out some verifiable case examples involving an eBay seller somehow running afoul of those state laws while operating on eBay.

eBay is not a state-licensed auction house running in-person open-outcry auctions. It's an on-line entity with its own set of rules, within which the OP appears to have properly conducted his business. (I am not saying that ending the auction and relisting in the hopes of making a higher sale at a fixed price was a good idea, only that under eBay rules, he was allowed to do it.)

The bidders in the original auction have every right to be upset about it, but sellers are allowed to end an in-progress auction if desired, either with or without selling to the current high bidder (at the discretion of the seller). eBay reserves the right to bill the seller Final Value Fees anyway if an off-eBay sale is suspected, but in this case the item was relisted here as a Fixed Price listing and promptly sold.

I'm afraid that you're operating under a misconception. While it is true that eBay is not an auction business, state auction laws apply to the seller that sells at auction. Since eBay is merely a venue they would not be liable under the laws governing auctions but the actual seller is. Whether they are required to be licensed depends on many factors depending upon the laws of their particular state. Warning sellers of potential issues that they may face, in my opinion as a licensed auctioneer, serves a useful purpose if only to get sellers to check their state's laws thus avoiding potential problems.

"It is an intelligent man that is aware of his own ignorance."

7606dennis · ‎07-19-2021

@*madison wrote:
🤣 I'm glad someone has said it.

Stop it Dennis.

As I just finished mentioning, in my opinion as an a licensed auctioneer and auction business owner, sellers should be warned of potential issues that may adversely affect them. If my warnings save one eBay seller from problems by getting them to check their state's auction laws, or country's for that matter, it is worth it. If you don't wish to read my warnings, feel free to ignore them.

"It is an intelligent man that is aware of his own ignorance."

7606dennis · ‎07-19-2021

@pikabo-icu wrote:
My question is: The auction has a "make offer" enabled so how is accepting an offer breaking any eBay rules?
If the auction is able to include best offer than it seems that is within the rules..
No?

It is not a matter of breaking any eBay rule regarding accepting an offer if the BO option is included in the listing. The problem arises when there has been a bid placed on the item before an offer has been accepted ending the listing before bidding began. That is why eBay's system removes the BO option and voids any offers when a bid is placed. Unfortunately, offers made through messaging are more difficult to police and a seller may inadvertently accept one after a bid has been placed leading to complications.

While admittedly, most eBay sellers selling their own goods are not likely to have to worry about licensing issues in their states. However, for any auctioneer or auction business that depends upon their license to be able earn a living it may be an important consideration.

Frankly, I'm of the opinion that eBay was ill advised to start allowing the BO option to be included on auction format listings. While it is true that until the item has received a bid it is technically neither an auction nor fixed price listing, however that changes once someone places a bid. Of course, eBay, not being the one actually conducting the auction but only the landlord of the virtual location where the auction is being conducted is not required to be concerned with such things.

Frankly, I'm not concerned with any seller believes me or chooses to follow my advice or not. Basically, all I wish is for people to check their own state or country's laws to protect themselves.

"It is an intelligent man that is aware of his own ignorance."

maxine*j · ‎07-19-2021

At one time, Pennsylvania went after eBay sellers who did not have auctioneer licenses:

https://www.inquirer.com/philly/news/homepage/20080130_Bidding_goodbye.html

This was the state of affairs in 2016, and I believe it is the current one:

https://www.pennlive.com/news/2016/07/updates_to_auctioneering_act_s.html

ACT 88, referred to in the second news item:

https://www.legis.state.pa.us/WU01/LI/LI/US/PDF/1983/0/0085..PDF

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a_c_green · ‎07-19-2021

@7606dennis wrote:
While it is true that eBay is not an auction business, state auction laws apply to the seller that sells at auction. Since eBay is merely a venue they would not be liable under the laws governing auctions but the actual seller is.

eBay is running the auction. The seller is listing his items in auction format (if desired), but the seller is not the auctioneer. You know that.

Now, again, if you have any verifiable case examples in support of your claims involving an eBay seller somehow running afoul of those state laws while operating on eBay, please post them.

justafemster · ‎07-19-2021

So we now know a male karen is called a dennis

maxine*j · ‎07-19-2021

@a_c_green wrote:
... if you have any verifiable case examples in support of your claims involving an eBay seller somehow running afoul of those state laws while operating on eBay, please post them.

@a_c_green

I know only about my own state, Pennsylvania. I linked to a story about it, which resulted in the passage later than same year (2008) of Pennsylvania Senate Bill 908 which requires on-line sellers, including sellers on eBay, to have a type of auctioneer license and be bonded -- IF they sell items for others. Otherwise, they do not need a license or bond.

If you remember, at that time "trading assistants" were a rather big thing. Many had storefronts and even eBay itself had a "trading assistant" program. These are the people Pennsylvania went after, as in the story I linked to, doubtless in response to complaints from auctioneers and auction houses.

Now that nearly everyone is comfortable using a computer or tablet or smart-phone, you don't hear much about trading assistants and eBay has long since dropped its program.

(I also linked, in my previous [ost) to recent amendments to Act 88, which covers auction regulations, overall.)

Pretty much ancient history. 😊

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soh.maryl · ‎08-10-2021

Obvious scam attempt. If he is willing to pay "much higher price", then why would he not just offer it through the listing? There are a million red flags here that you have identified yourself, but seem to want to ignore.

His suggestion for you to cancel and relist at his price is absurd because there is no need to do that.

Yes, it IS a common scam, but you appear determined to be suckered into it.