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?

[digital*ghost]

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. 

It is not very different, in theory, to drop-shipping, a practice that's allowable on eBay - I don't believe seller's need to proclaim "this item is drop-shipped" on listings, but they do need to accurately state item location and shipping / handling time (for reference, drop-shipping is where a seller lists an item that is not in their possession, and when it sells, they pass the order on to someone else who dispatches it).

That means the seller - good or bad reputation - generally never sees the items they sell. It's allowed, and the buyer has no redress if they don't realise an item is dropshipped until after they buy it. (Unless the seller misrepresented the item - which perhaps wouldn't be too hard when the descriptions are provided by someone else).

Feedback ratings are a general overview of other people's perceptions of previous transactions, I believe it can be important and a good indicator of general expectations....but I don't believe they are the sole marker of a good or bad seller, nor do I believe it's always the most important aspect when looking to trade with someone.

[jensmanchester-australia]

Your contract is with the seller - not with the mysterious brother.

If the seller has provided incorrect information then it is the seller who is responsible and they are the one who has to suffer any consequences. It doesn't matter who provided the actual description as the onus is on the seller to ensure the information is correct.

[snesn]

There are important differences to drop-shipping. Drop-shipping would normally be done by by businesses selling standardised new goods or used goods that had an undergone a standardised grading process. A used item from a non-business seller typically doesn't go through a grading process and this one hasn't.

Whatever your views about the value of feedback it is widely considered to be important and was to me in this case especially as I was buying an item that was fairly complex and could potentially have lots of faults that could be difficult or expensive to rectify. Trusting the sellers description was very important and the only way I could do that was via the feedback and, after the auction, I found out that feedback is largely redundant.

[digital*ghost]

I know there are some differences, which is why I said 'not much different' and 'in theory, but you're diverting from the point as what normally qualifies as drop-shipping and this particular situation poses the exact same quandary you say you have.

Your core issue is that a seller has listed an item on behalf of someone else, not allowing you to judge the basic, perceived honesty and/or integrity of the item's owner via previous feedback ratings.

The account holder, by virtue of allowing this item to be listed under their ID must take full responsibility for this other person's listing, and accept any consequences of item misrepresentation and/or any other failure to meet the expectations as created by the listing.

Both paragraph 1 & 2 above apply to drop-shipping.

As I have said previously, I understand to a certain degree where you're coming from, but personally I feel the issue is overblown. I guess it's because while I proceed with all necessary precaution when I conduct transactions on eBay, I trust people until they give me a reason not to. I'm afraid I wouldn't have much of a happy time on eBay (or anywhere else, for that matter) if I didn't trust people until they gave me a reason to. 

And on that note, I don't believe I'm able to participate any further in a constructive way in this thread. 

[xena-and-alex]

Do you people know you are flogging Phar Lap ?

[the-kazbar]

The rules that apply for the selling assistant program are the same for anyone selling on behalf of another.

"Selling items on eBay for other people is essentially the same as selling your own items. All normal trading rules apply. As the official seller on eBay, you are responsible for accurately describing the item and following eBay's Listing Policies."

http://pages.ebay.com.au/tradingassistants/becoming-trading-assistant.html

At no stage is it a requirement that it be made clear that the item belongs to someone else or that the item was described by someone else. 

Your question in the OP was "Am I entitled to cancel?"

As you have been told numerous times in this thread, the answer is no. You could explain your concerns to the seller and ask for a cancellation, but they are no under any obligation to agree.

[phorum_junkie*]

You are not 'contracting' with the brother, you are contracting with the seller who is putting their reputation on the line.

I am amazed that you think nothing of buying an electrical item that could fry your computer from a HK seller with appalling feedback, something that would cost more to return than you get back, yet you are quibbling about buying something from a seller with great feedback.

Is it one of the pick up items you have bought? If so you would presumably be inspecting it before you handed over your cash so why would it matter who actually had possession of it, the seller or his brother?

Whatever as far as ebay are concerned you have no legitimate reason for not paying so if you want out you are going to have to hope the seller will send you a mutual cancellation or you will have to accept the unpaid item strike that will follow if they won't.

[snesn]

A number of posters here believe that I should accept a risk that was not disclosed to me. Others have nonsensically asserted that  I am legally obliged to accept that risk and should then experience all the hassles and strong possibility of financial loss if the item is actually not fit for purpose. That is their choice and one cannot stop those who are determined to make foolish choices.

My expectation is that this transaction will be cancelled by mutual agreement as the nominal seller will recognise the listing errors. However, if that does not occur I am confident that I can oblige Ebay, through the disputes process, to terminate the transaction on the basis that there were substantial misrepresentations or omissions in the listing.

[phorum_junkie*]

Dream on, the seller is doing nothing wrong unless they are misrepresenting the item location.

I can list something for a friend of mine, rely on their description and give their address for pick up or allow them to package and send it if it is to be posted.

Nowhere do I have to state that I am selling for somebody else and if the item turns out to be not as described or something else goes amiss then it is my account that will receive the neg, it is my account that will have to pay the FVF after having to refund the buyer so what possible reason could you have for cancelling?

why don't you give the title of the item so we can actually see the description?

[2106greencat]

Never will it cease to amaze me when a question is asked by an OP - just to have that same OP come back and enlighten us all here as to how well versed they are on eBay procedures. Kind of makes one wonder why the question was asked in the first place, (sigh)