Seller did not reveal they are selling for someone else

[snesn]

The problem here is that I have contracted to buy an item from someone who is not actually the seller. The seller has good feedback and so I trusted the item description (eg used but "in perfect condition").

The 'hidden seller' was allowed to list the item with their own description and this hidden seller has, of course, no feedback and I have no basis to judge the trustworthiness of their description.

I feel that I have been mislead (not intentionally but mislead nevertheless) and the transaction is now too risky and may need to be cancelled. Am I entitled to cancel?

[*crikey*mate*]

Let me put it another way. I am arguing that there is a substantial misrepresentation or omission by the seller (intentional or otherwise). Substantial misrepresentation or omission is obviously always a potential basis on which a contract can be invalidated.

Feedback and a sellers rating are a substantial matter in many, if not most, ebay transactions. In this transaction, by the nominal sellers written statements, that feedback and sellers rating now has little significance because he is not the actual seller and did not supply the description.

This is the matter that needs to be addressed. 

I think that the point you are missing, is that, the brother (who may be the owner) is not the seller in this case of your transaction with the eBay purchase - he is a silent third party who has a parallel agreement with the seller. This has nothing to do with you.

There are no rules/laws that say a person has to know what they are talking about when they list something for sale (though admittedly, that does make good business sense)

The person who owns the account under which the item is listed is responsible for their listing and is the person with whom you enter the contract.

Similar to how it works when a business selld goods which are on consignment to them = they don't technically own the item but are selling on behalf of someone else.

[foxette-in-sox]

The neg makes no sense anyway ie if someone doesn't even have an ebay account then how can they have 0 feedback ;\

There was never any logic in whatever the original topic was IMO.

[the_great_she_elephant]

I wonder how old was the 'beautiful retro piece' (Murano glass lamp)  that was described by the seller as 'in perfect working order', and earned a positive tick from the OP.

A seller who, interestingly enough, was also selling on behalf of someone else.

http://www.ebay.com.au/itm/170948508783#ht_1264wt_1165

[chuk_77]

:^O super sleuth elephant to the rescue

forget the black glasses, you need a sherlock hat and pipe

[the_great_she_elephant]

:^O super sleuth elephant to the rescue

forget the black glasses, you need a sherlock hat and pipe

Like this, you mean.:^O

[davewil1964]

:^O

[davewil1964]

Not quite sure where contract law comes into publishing copyright material without the permission of the owner. If that was the case.

I've only ever used the bits of contract law that relate to contracts.

[chuk_77]

Like this, you mean.:^O

thats the one:^O

[*sparklz*]

The problem here is that I have contracted to buy an item from someone who is not actually the seller.

The seller is the one that has it listed. Makes no difference who the owner is/was.

[phorum_junkie*]

I am still trying to work out how somebody without an ebay account can have zero feedback????

I also want to know why buying a lamp from a consignment seller is any different from this transaction, the seller had an account and feedback, the person who they were selling the items for obviously didn't or why wouldn't they sell them themselves and make a lot more money.

The two situations are identical so why does the OP want to spit the dummy on this one?