Is listing an auction a contract?

[dreams]

Ok, we all know that once you place a bid on an item on eBay, it's a binding legal contract. My question is, is listing an item on eBay a contract to sell that item? Particularly if several bids have been placed on said item?

I was watching an auction that was to end today. It had been sitting steady at $20 all morning (it's definitely worth more than $20). I check back with about 5 hours to go, and poof! it's ended early. I decide to contact the seller about the auction and see what happened, figuring they might have freaked out that it was only going to go for $20 and express my interest in the auction.

The reply to my email:

Someone at school offered me $100 for it and I'm going to sell it to them. The ebay'ers were dragging their feet on it, probably waiting to snipe in at the last minute and try to snatch it for $25 bucks, or some ridiculously low price. Can't have that.

I explained to them how what he did was in violation of eBay's policies and wasn't very fair to the bidders on the auction. I mentioned that if he was concerned about the item not pulling in enough money, he should have set a reserve price on the auction. To which he replied:

Actually, it's not against eBay policies. If you look at the reason why the auction was ended early, you'll see that it says "The seller ended this listing early because the item is no longer available for sale" and this is true. This is the official reason that eBay assigned to this situation. Since I sold the item (in a private sale), it stands to reason that the item is no longer available for sale. Many people do this. Take a model train dealer, for example. He lists a locomotive for sale on eBay. While the auction is going on, the locomotive sits on his shelf at the store with a $300.00 price tag. The day before the auction is over, someone comes into the store and buys the locomotive. The item is no longer available for sale. He's got to take it off eBay. Perhaps the dealer would've made more money had he let the auction run its course.

What IS against eBay policy is simply pulling the plug on an auction because you're afraid that the item won't fetch the price you were looking for. This would be abusive. That's when the seller should use the reserve function or just simply start the item at a higher price.

Granted in his previous email, he stated that he didn't want to sell it for only $25, thus meaning he did violate eBay's policies. In addition, I believe the seller sets the reason for the ending of an auction from a list that eBay allows. That's not the question here.

His argument made me wonder though.

Take the example of the model train dealer they spoke of. I always assumed that in that case, the train that was put up for auction should not be available for sale elsewhere because the seller was obligated to sell it to the highest bidder. In the case of this auction, he was obligated to sell it to the highest bidder and if his friend from school (if that's actually the truth) really wanted it, then they would have to bid like everyone else.

I tried searching the help section on eBay trying to get a straight answer, but couldn't find one. I'm curious to everyone elses opinions.

[Daria]

Could always report him to ebay and see what their final call on the sistuation is.
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Honda cb series specifications

[Cmosfm]

Nope, it's not. I was trying to think of something else to add on here but can't. When a seller decided to pull the item it's just the potential bidders that get shit on. I can't STAND when a seller does it because of snipers...I think that's something you need to think about before you list it. 5 hours? meh. thats nothing. I've had items get 5-10 times as much as they were in the last 5 minutes. If you ask me the seller was being a pussy and was too scared to let it end. Bet he had low feedback.


Anyways, can you link us to the auction you were bidding on, Im kinda curious as to what it is.

[jonjandran]

Technically neither selling an item or bidding on an item is legally binding.

Just because Ebay says it is doesn't make it legal. No court would uphold it as legally binding.

A contract has to be written and signed by both parties and money or items have to change hands to make it binding.

Just because you agreed to Ebays "terms and conditions" doesn't mean you are obligated to buy or sell anything. You can back out anytime.

Of course Ebay has the right to close your account and they will if you do it often .

[Griking]

I don't know if it's against ebay's rules or not but it sure seems to be a fun way to piss off snipers.

[sisko]

Just listing and item? No. Like jon said, just because its on ebay, doesn't make it legal. They can boot you for violating their policies, but they can't arrest you.

Now if you have already PAID for the item, then yes, the transaction is legally binding.

[davidleeroth]

I had one of these "Auction ended early" things yesterday.

I was doing a search dn noticed that there was 6 minutes left on a ten day auction. Tried to make a bid but got a message "Auction ended early bacuse there was a error in the listing".
Luckily the seller noticed this on time, I don't want games if they have a sticker on the jewel case or something.