Can seller "reserve the right" to offer items elsewhere for sale?

[linogabby]

I often find an item offered for sale to the highest bidder, where the seller states they reserve their right to end the listing early because the item is offered for sale in another location. I could understand this if the item were simply  "buy it now".  Does anyone know what the eBay rules say about ending an auction early because the item has been offered for sale elsewhere? Do sellers actually have any rights to reserve on this issue? I get annoyed that when bidding I am warned that my bids (ie my money) can only be retracted under certain limited circumstances: I cannot understand why a seller would not have to be held to a contractual obligation in a similar manner.

[digital*ghost]

An auction listing can be ended early by the seller for any reason, and while a number of times I have seen it stated that it's against eBay policy to list items elsewhere at the same time they're listed on eBay, I have actively searched quite extensively for this policy in the help pages, user agreement and announcements section (double-checking to make sure it wasn't announced as a new policy, but not yet updated anywhere else), and have found no such policy stated anywhere. 

I understand the annoyance it can cause, but if it's not against any policy, they are free to do it and ultimately, they're taking a risk I certainly wouldn't (not for a single item, anyway - I do list items I have in multiple quantity on other sites at the same time as eBay), as it may end up selling twice to different buyers and so forth. 

[davewil1964]

Technically no. Practically yes.

The seller owns the item until it is paid for. Stupid to advertise the fact that they are breaking eBay's rules, but...

[viewmont1071]

http://pages.ebay.com.au/help/policies/listing-circumventing.html

Offer the opportunity through eBay to purchase the item or other merchandise outside eBay.

Additional Information

To report a listing that circumvents eBay fees through an offer outside of eBay, unreasonably high postage or handling costs or a catalogue sales violation,

contact us with the item number.

To report a listing that a seller ended early in breach of our reserve fee avoidance policy,

contact us with the item number you would like us to review.

Although there are legitimate reasons for ending a listing early,

eBay will investigate sellers who abuse this option.

although it does not appear clear cut it is reportable under inapropriate terms in that the seller is advertsing that the item is for sale outside if ebay while it is listed on ebay.

ie the offer to sell outside of ebay is in fact the statement that "it is listed elsewhere"

The user agreeement used to state that ebay users could not do this nor offer an item that they were "not in control of or could not legally advertise or sell" however I can no longer find that clause in the new user agreement or one that replaces it

[foxette-in-sox]

I found it-took forever.I'm sure ebay keep moving it.

Here's the link & its about halfway down the page

http://pages.ebay.com.au/help/policies/selling-practices.html

What not to do

You must not:

List an item that may be out of stock at the time of purchase

List an item that you're simultaneously selling outside of eBay

Offer an item that may not be what's delivered to the buyer

Offer an inflated number of items in a multi-quantity listing.

[kopenhagen5]

Found it, but you beat me to it foxette. 🙂

As well, many buyers wouldn't bother bidding if that was in a listing as you don't know if you are going to get the item even if you win. So a little silly really.

[digital*ghost]

I found it-took forever.I'm sure ebay keep moving it.

Here's the link & its about halfway down the page

http://pages.ebay.com.au/help/policies/selling-practices.html

What not to do

You must not:

List an item that may be out of stock at the time of purchase

List an item that you're simultaneously selling outside of eBay

Offer an item that may not be what's delivered to the buyer

Offer an inflated number of items in a multi-quantity listing.

Clearly, my search skills suck. :^O

Thanks for finding it - not being able to has been bugging me for ages. :-x

[foxette-in-sox]

DG,I seriously wasn't kidding-ebay keep moving it & no LOGICAL options in the Search bar work.

[digital*ghost]

DG,I seriously wasn't kidding-ebay keep moving it & no LOGICAL options in the Search bar work.

Works for me - it's eBay's fault. 🙂

[*crikey*mate*]

Technically no. Practically yes.

The seller owns the item until it is paid for. Stupid to advertise the fact that they are breaking eBay's rules, but...

ummmmm, that's not actually correct *blush*

the bid is counted as a "promise to pay" and that is enough to satisfy the "Consideration" part of a contract.

The seller legally owns the product until the contract is finalised which in an online auction is at the fall of the hammer/end of the auction.

It doesn't matter that the money (consideration) hasn't physically changed hands, the promise to pay is enough.

If the buyer fails to keep his promise and pay the agreed upon amount within the required time frame, it is then up to the seller to commence action such as legal action for breach of contract.

If the seller fails to part with the goods once the contract has been completed, then it is he that is in breach of contract.

A valid contract has offer/acceptance (the bid in this case) and consideration (the bid) intention and capacity  is a given and taken care of when both parties join ebay and agree to the terms and conditions.