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From: bcc97 on 15 Mar 2007 10:23
On 15 Mar, 12:22, Huge <H...(a)nowhere.much.invalid> wrote:
> Nothing is sold by auction on eBay. It isn't an auction.
This thread is not about whether items are (or can be) sold by auction
on eBay. It's about whether a contract had been made -- entitling the
OP to compensation for loss of bargain.
There are conflicting views as to whether auction-style listings are
(or can be) auctions -- and I am not inviting a debate on this
question in this thread. I doubt that you are any more qualified than
I am to say definitively which view is correct.
This is why I offered two different ways of looking at the situation,
to accommodate these two different views. And on either of these
views, the OP has a contract with the seller.
From: bcc97 on 15 Mar 2007 16:45
On 15 Mar, 16:52, funfly3 <dontemai...(a)ntlworld.com> wrote:
> Huge wrote:
> > They can call it what they like - that doesn't make it true.
> I never said it did, it just adds weight to the fact most people would
> call ebay an auction site dealing with auctions end of
Ebay's own description of what they are -- and anyone else's
description -- doesn't determine the matter.
But in simple terms an auction is a sale by competitive bidding. This
exactly what the auction-style listings are on eBay.
There are various technical arguments in law as to why eBay 'auctions'
might not be auctions for the purposes of various legislation, but it
is wrong to dismiss out of hand the proposition that some items on
eBay are sold by auction.
Auction or not, though, the OP has a contract with the seller -- and
therefore could pursue them for loss of bargain (or less likely for