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?

[austeam]

I assume you are not talking about the Morano Glass Lamp that you purchased as it clearly indicates that the seller is a trading assistant.

If it is the coffee machine the description states:

Up for auction is a La Pavoni Modello Professional Espresso Coffee Machine in perfect condition. Been used once since full service and refurbishment at Cafe Bianci in Leichhardt. Refurbishment included new thermostat and heating element.

It says "Up for auction" not "I am auctioning".

Anyway if it is this item then all you need to do is ask to see the receipt for the service done by Cafe Bianci.  If they no longer have the receipt you can ask in whose name was it serviced and when, then call Cafe Bianci to check.

To be honest if I were going to bid on a used coffee machine then there was not enough information in that listing description to make me bid without asking more questions.  e.g. when was the service done?

Our business services coffee machines and customers often don't realise that lack of use can cause seals etc to dry up and valves to seize etc. 

If this is not the item, then goodness, you have already taken gambles on the two above mentioned items.  How much more of a risk can this transaction be?

[kopenhagen5]

Without reading this whole thread and someone may have stated the obvious already.

Your contract is with the seller on ebay.

What arrangements the seller has made with someone else to sell on their behalf has nothing to do with you. That's between those two.

Communicate with the original seller as a normal transaction. They are responsible and if they claim otherwise you can advise them your contract is with them, period.

[austeam]

BTW Cafe Bianci should be Caffe Bianchi.

I was simply quoting the description and meant to add this at the end of my post. 🙂

[forumfool]

Ok.  Flogging a dead horse most probably but here goes:

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.

Yes, it is totally understandable that you would be frustrated at making your decision to bid based on feedback without knowing the actual seller is not the nominal seller.

However, it not "nonsensical" to have been advised you that you are legally obliged to accept the risk of it not being as described.  As the_kazbar has indicated in post 28 (and other posters also) eBay policy outlines that selling for others has the same guidelines as selling for oneself.    

This means, LIKE IT OR NOT,  that you are under the same obligation as you would have been if it was the nominal seller listing the item. 

And as for the 'strong possibility' of the item not working, you have provided NO other evidence for this other than the actual seller being the nominal seller's brother who has no other feedback.    You have not  proven that the item is not as described - indeed you cannot as stated, this is not possible unless you actually go though with the process.   

Despite your justified disappointment at not knowing the actual seller, your absolute unwillingness to even give the seller's the benefit of the doubt, plus your arrogant criticism of any post (which is most of these) that has been made in a good-natured effort to be of assistance does not put you in a good light.  To say the least.  

Do what you want.  But right now, I pity the sellers.

[the-kazbar]

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.

Rather than basing your decisions and actions on expectations and assumptions I suggest, in future, that you ask the seller prior to bidding if the item is theirs and in their actual possession, if it is so important to you.

I also would like to suggest that if you don't want answers from expereinced members that you don't ask any more questions here as you seem to have no interest in learning from our experience.

Just because we haven't told you what you want to hear doesn't mean we are wrong. When everyone disagrees with you it is a good idea to consider the possibility that you are the one who is wrong rather than just being petulant and rude.

[austeam]

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").

Just a bit of advice (not that you were looking for any) but whenever you see the words "in perfect condition" regardless of how good the seller's feedback these words should ring alarm bells.  I list brand new items and still would not describe them as "perfect". I will guarantee them to be working and in "new" condition, but how does one define "perfect"?

Now the coffee machine you bid on required a new thermostat and heating element, so either it has been well used (and no amount of servicing will make it perfect again) or the thermostat was faulty when new so it overheated and blew the element and who knows what other damage might have occured.  Anyway, my point is used items are never perfect.  

So in future, regardless of how glowing and perfect the seller's feedback, read the description, think about what information is missing and ask questions before you bid.

To be honest I think you fear you bid too hastily and are clutching at straws trying to get out of this.  Go back to your seller, ask your questions and if he doesn't know the answers ask him to ask his brother and get back to you.

[2106greencat]

In addition OP, just so you know, when you buy something from a B&M they don't have gnomes out the back making the stuff. They buy in from other people - OMG yes, they do, they are just selling for others. OP - if you no longer want the item, let the seller know and deal with the outcome. Very simple really.

[chuk_77]

:^O GC

you made me do a foxy all over my screen

[snesn]

In a way I kind of hope that the seller does refuse to cancel and I then get the transaction cancelled through the disputes process. It would be good to demonstrate to all those vigorously claiming that I have no rights of redress that a contract resting on a false foundation can be invalidated.

However, I suspect that even then I will still be facing a barrage of assertions that the vendor has all the rights and can force through a transaction regardless and the buyer can do nothing until after the transaction is completed. That so obviously flies in the face of consumer and contract law it is difficult to credit that some people actually believe it.

[2106greencat]

dam foxy - that was quick :O:^O

Hey chuk - 😛