false, misleading and fraudulent listings

[davoe291]

What is eBay's policy on sellers misrepesenting items for sale; making false and fraudelent claims about the item? I would have thought that consumer protection laws apply to advertising and sales on eBay too, but apparently not. I can find no reference to this in eBay's policies, and certainly there is no appropriate category to report an item.

A seller repeatedly lists items for sale at inflated prices (e.g. 20-30 times actual value). There is no law against this - you can ask any price you like - but he misrepresents the items as being old and antique when they are not. An elaborate story is concocted relating to where the item was found and to make it sound like the items are genuinely old. Despite being warned about this practice numerous times by a number of specialist collectors he blatantly continues these listings. Several items have sold to (presumably) novice collectors at inflated prices. I realise that eBay is "buyer beware", and you need to do your homework on things, but unscrupolous sellers like this prey on gullible people who believe the pack of lies told in the listing. This is just plain wrong!

What can be done about this?

[i-love-my-sheep]

If there is no appropriate option under the report item link, you could send eBay an email via the report a seller link, which can be found under the Customer Support link at the top of each page. Select the contact eBay tab, then mouse over selling and you'll see the report seller link there.

It's very hard to stop unscrupulous sellers, but if it's an issue for you, you have to at least try.

[crowsman53]

What about Chinese sellers Selling Electrical Items that are not Australian Standards Approved. I bought 1 such item came with a non Australian power cord. I found a cord that would do but then the item will not power up... I lodged a complaint Item Not As Discribed with Paypal And spoke to eBay CS explaining that I beleive that this item is a possible Fire Hazzard. eBay imedately withdrew all of these items From eBay Australia but Paypal will not refund me my $26.89 unless I return it with tracking which will cost me more than it is worth. I offered to take a hammer to it and send photos still nothing. Would it be worth my while getting a Lawyer who deals in this sort of stuff,?? I thought if you bought an Electricial item on eBay Australia it has be Meet Australia Standards or can Chinese sellers just do what they like?

Thank You

[the_pooze]

I'm open to be corrected by somebody who knows more about the subject but, a lot depends on if the Seller is operating as a Private Individual or a Business.

If they are operating as a Business, there is significant protection for Buyers, and avenue to seek remedy, via the ACC if that business is falsely representing goods they are offering for sale.  There are also significant penalties that can apply to both the Business and any employee of that business that misrepresents an item.

When you are dealing with Private Individuals, Consumer Law provides no real cover, especially in relation to second-hand goods.  In a case such as this the only remedy availiable to an aggrieved party is generally to take action in the Civil Courts if another path to resolution has been tried and failed (e.g. negotiation/discussion between the parties involved).

As far as eBay policy is concerned, I would imagine that the automatic default position would be Aust. Consumer Law as any eBay policy would basically have to mirror the Law.

[i-love-my-sheep]

You are correct in respect to private sellers and Consumer Law. When I was taken to court by a dusgruntled buyer, they were trying to get me with Consumer Law. The magistrate said straight up that I was not a business and the item was second hand so Consumer Law didn't apply. That was really the only defence they had, which went in my favour.

[horizon1907]

I have often wondered, why anyone would purchase an Electrical Item, Computer & the like etc online from Over seas. ( China namely ) The odds are stacked against you from the start. It may be cheaper & have free post chucked in for Good Luck, but when it arrives ( or if it arrives ) it turns out to be Junk. It will cost you more to send it back and all the hastle thrown in. Go into a Local shop and buy one and if anything goes wrong you can just take it back. IMO 🙂 

[thecatspjs]

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@i-love-my-sheep wrote:

You are correct in respect to private sellers and Consumer Law. When I was taken to court by a dusgruntled buyer, they were trying to get me with Consumer Law. The magistrate said straight up that I was not a business and the item was second hand so Consumer Law didn't apply. That was really the only defence they had, which went in my favour.

---

Which is why as an Oz consumer it is worth keeping in mind that by purchasing from an Australian business you have signficant more consumer protection than when purchasing from a private seller or purchasing internationally. 

Australian businesses are required to more accountable for their practices through the legislative practices they are required to adhere to.  If they are not, you have the Australian Consumer Law to support seeking recourse as a buyer.

As a business, I sell second hand items on several IDs including this one, and I am not off the hook in any way on a number of counts, including my advertising practices or the way I describe my goods.

[cherry*135]

Your disputed item was a pick-up.

> the consumer examines the goods

A consumer is not entitled to a remedy if they had an opportunity to examine the goods before purchase and did not find defects that they should have noticed.

For example:
> Second-hand goods and antiques are often sold on an ‘as-is’ basis. An antiques dealer is not required to give a remedy for defects that a consumer should have noticed when examining the goods, such as chipped surfaces or faded paint.

The amount of effort that a consumer should take examining goods, if given the opportunity, depends on the nature of the goods. For new goods, very limited or no examination would be expected.

However, a consumer may be entitled to a remedy for defects that they would not have found with even the most careful inspection

http://www.consumerlaw.gov.au/content/the_acl/downloads/consumer_guarantees_guide.pdf

[crowsman53]

Just an update Paypal have now refunded me my money and I did not have to return the item back to China, eBay have removed the sellers listing of this item In Australia. So it boils down to if you proceed through the proper channels you can sort most problems out. The Seller still has not responded and I decided to phone Paypal and explained the situation to them. The person I was talking to looked it up and said Your refund is Granted You Do Not Have To return the item.. WARNING Do Not Buy Electrical Goods From China.

Thank You

[alexhome007]

I purchased a USB stick from a selled in NSW. Got the item quick but the stick was a fake size 250gb It's been formated to that but only 32gb.

The problem is I will get a refund, but then I cant warn other ebay with feedback, because I got a refund.

So others will do the same as me, there rating will sill be good.

Others buyers wont know its a fake untill they use it passed 32gb. So they give good feedback untill one day they use more than 32gb and there data goes missing. (It's a low act to sell this stuff on ebay)