23 replies to this topic

[David Nishimura]

Note that there have been multiple cases over the years in the arts and antiques trade, where a valuable item was sold to a dealer who then resold it for many times what he paid, and where the original seller sued the dealer. These cases have not, as I recall, been routinely dismissed; most, I believe, have ended up being settled.

All of the cases I'm familiar with have involved items of much higher value than the pens snagged via Buy It Now offers under discussion. Nonetheless, they offer a precedent under which I could well see eBay and Paypal eventually getting involved.

This is based upon US law. European law is, from all I understand, much more protective of sellers against what would be perceived as theft through deception/predatory offers.

[George]

Note that there have been multiple cases over the years in the arts and antiques trade, where a valuable item was sold to a dealer who then resold it for many times what he paid, and where the original seller sued the dealer. These cases have not, as I recall, been routinely dismissed; most, I believe, have ended up being settled.

All of the cases I'm familiar with have involved items of much higher value than the pens snagged via Buy It Now offers under discussion. Nonetheless, they offer a precedent under which I could well see eBay and Paypal eventually getting involved.

This is based upon US law. European law is, from all I understand, much more protective of sellers against what would be perceived as theft through deception/predatory offers.

But if both seller and buyer mutually agree to sell/buy, does it matter what price the aforementioned piece sells for later?

George

Edited by George, 14 May 2012 - 02:52 AM.

[david i]

Note that there have been multiple cases over the years in the arts and antiques trade, where a valuable item was sold to a dealer who then resold it for many times what he paid, and where the original seller sued the dealer. These cases have not, as I recall, been routinely dismissed; most, I believe, have ended up being settled.

All of the cases I'm familiar with have involved items of much higher value than the pens snagged via Buy It Now offers under discussion. Nonetheless, they offer a precedent under which I could well see eBay and Paypal eventually getting involved.

This is based upon US law. European law is, from all I understand, much more protective of sellers against what would be perceived as theft through deception/predatory offers.

But if both seller and buyer mutually agree to sell/buy, does it matter what price the aforementioned piece sells for later?

George

Seemingly yes. Theft had not been suggested.

regards

-d

[FarmBoy]

I wouldn't really call it unethical when it comes to making buy it now offers. Reason being is that the person I purchased the Wahl set from probably paid no more than $20 for it. For him, the deal was great, making over $100 profit.
That being said, if I had the means to pay full retail, I would. I am only 17, and being so young I can't compete with the older collectors.

-Gabriel

Which is one reason these threads tend to become heated. My key observation at this stage, to keep things limited, is that independent of whether or not backchannel ebay dealings are ethical (or can be ethical) , that whether the seller made a profit has nothing to do with the ethicality of the transaction and indeed is a Straw Man..

One could as easily say, if one wishes to insist on judging or rating the profits of others as key to ethics... suppose this guy sold a pen for $100 eager to raise money for his starving sister, but would have ended up with $500 rather than $100, thus limiting his ability to help her, had he not been "lured into a bad deal". And so forth...

Similarly, as an aside, that one cannot compete with richer patrons is not a good justification, for, say, shoplifting or for movie theft on the internet, though often such justification is so cited.

Verily tromping through the quagmire...

d

I like this line of hypothetical reasoning.

As for being 17...both David and I can think of one advanced collector that is all of 20ish that started before you and routinely sells me (and David) pens in the 4 figure range. Don't count yourself out because of age.