lorndav
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posted on June 9, 2002 06:02:34 PM
O.k. Here is the scenario. I sold a doll. A person who wanted to bid did get to and told me if the bidder fell through she would like to buy it. I think my bidder will pay. But...my Mom has the same doll she would like to sell. Would it be against ebaY policy for her to sell her doll since the person came to be as a seller of a similar item?
It is no big deal, but it was a high ticket item, and it would save my mom the fees. However, I would rather be legal since this is how I make my living. Any thoughts?
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dman3
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posted on June 9, 2002 06:11:34 PM
No this situation you describe is not fee avoidance at all it's business.
one way you would be avoiding fees is if there was no bids and you closed the auction to make the sale to some one who emailed you with a question.
fee avoidance would be to add an extra charge stating the fee is to cover ebay listing and FVF fees.
Fee avoidance would be to file a NPB that you and the buyer agree to cancel the sale even though the buyer paid and you shipped the ITem.
any time you close an auction without bids to sell outside of ebay to a buyer who wrote you or found the item through ebay you are avoiding fees , if the Item in question already sold on ebay or was never listed then you can't be avoiding fees.
hope that helps
http://www.Dman-N-Company.com
Email [email protected]
[ edited by dman3 on Jun 9, 2002 06:12 PM ]
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feistyone
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posted on June 9, 2002 09:06:19 PM
Hi Dman
How do you do a sig on Auction Watch with your web site address?
Thanks
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caffeitalia
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posted on June 9, 2002 09:55:55 PM
Sell. Sell. Sell. That is what it is all about anyway. Offer it to the second bidder. That is the bottom line.
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bidsbids
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posted on June 9, 2002 09:59:10 PM
Try to avoid as many eBay fees as possible. That has always been the goal ever since eBay started. Meg knows it and tries to close as many loopholes as possible.
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REAMOND
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posted on June 10, 2002 11:21:15 AM
There is no violation by the seller if the buyer contacted first.
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bkmunroe
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posted on June 10, 2002 01:22:32 PM
Sure, it's fee avoidance. Using any part of Ebay to make a sale without paying fees is fee avoidance.
http://webhelp.ebay.com/cgi-bin/eHNC/showdoc-ebay.tcl?docid=393&queryid=fee_avoidance
If your mother wants to sell her doll the honest and easiest way would be to contact the buyer, agree to a price, and start an auction for 1c with a Buy-It-Now of the agreed upon price and with a pre-approved buyers list containing only the name of the buyer that the deal was made with.
http://pages.ebay.com/services/buyandsell/biddermanagement.html
Of course, the odds that Ebay would find out if you made a deal offsite is miniscule. So, it comes down to your conscience.
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REAMOND
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posted on June 10, 2002 03:20:30 PM
bk- if you look at the eBay rules page you cited, there is nothing in there that applies to this case. It was the buyer that used contact information from eBay to contact the seller. The rules state that a seller may not use ebay contact information to contact/spam a potential buyer.
While ebay may take action against the buyer (which I doubt they would), the seller has not broken the rules.
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bidsbids
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posted on June 10, 2002 05:01:09 PM
I figure the only cheerleaders that do not advocate some form of fee avoidance are either eBay stockholders or Sunday School teachers. 
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bidsbids
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posted on June 10, 2002 05:02:19 PM
I figure the only cheerleaders that do not advocate some form of fee avoidance are either eBay stockholders or Sunday School teachers.
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revvassago
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posted on June 10, 2002 06:59:51 PM
However, I would rather be legal since this is how I make my living.
I can assure you that you are not breaking any federal or state laws by doing this, and contrary to what Meg probably thinks, eBay TOS are not laws.
[ edited by revvassago on Jun 10, 2002 07:00 PM ]
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bidsbids
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posted on June 10, 2002 07:51:07 PM
Fee avoidance? From us?
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bkmunroe
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posted on June 10, 2002 08:15:37 PM
Reamond: I believe this might cover the situation.
[b]Using member contact information obtained from eBay or using any eBay feature to offer to sell any listed item outside of eBay
[/b]
There might be a loophole as the mother wouldn't be getting the contact info from Ebay she be getting it from her daughter who got it from Ebay.
Odds are no one would be caught by Ebay if it was sold offsite, but since it is a "high ticket item" it might be in both parties interests to sell through Ebay and make everything "official" just in case something goes wrong.
[ edited by bkmunroe on Jun 10, 2002 08:17 PM ]
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kiara
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posted on June 10, 2002 08:34:48 PM
I am reading all this and I can't believe the paranoia. Has ebay got some of you that scared? They don't own his Mom's doll or any part of the deal.
Like the ebay police are going to come into your house or your mother's and start checking out the merchandise?
What happens next? You go to a sale and then write out a list of purchased goods and send it to ebay? And then they keep track as you sell it and you have to account for it all? 
Okay, that's a bit farfetched but Sheesh!
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bestattic
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posted on June 10, 2002 08:44:22 PM
lorndav,
If you send an email from an address not associated with Ebay telling the potential buyer about this second doll, you would be free and clear of any fears or claims of fee avoidance.
B'
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REAMOND
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posted on June 10, 2002 08:56:17 PM
bk- the section you quote from is from what sellers may not do.
As I understand this situation, it was a losing bidder that contacted the seller.
The seller may have replied to the buyer, but the seller never used information from ebay to contact the buyer.
Once an eBay member buyer contacts me, I can sell them anything I want without listing it on eBay.
eBay controls some aspects of business transactions for my listings, but any potential buyer that contacts me, regardless if they got my email address from ebay, is my customer, not ebay's.
Avoiding an ebay fee is not always fee avoidance.
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lovepotions
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posted on June 11, 2002 09:52:56 AM new
Was the person offering the side deal a bidder who got out bid??
If they are you can send the PERSONAL OFFER from the auction listing.
You can send personal offers within Ebay's rules if
1. The hig bidder fails to complete the transaction.
2. if the seller has other identical items.
It creates a new auction listing only viewable to the under bidder you send the offer to. It has a buy now price of their losing highest bid.
http://www.lovepotions.com
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bkmunroe
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posted on June 11, 2002 01:52:09 PM new
Kiara said: I am reading all this and I can't believe the paranoia.
Care to point out all of the so-called paranoia? I reread the thread and can't find any.
It's simply a question of whether or not situation in the original poster's message is allowed by Ebay's rules. I say it isn't, others say it is and, still others say "Who cares?"
It's simply a discussion of Ebay's typically vague rules. You're the only one that's mentioned "Ebay police".
[ edited by bkmunroe on Jun 11, 2002 01:53 PM ]
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lorndav
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posted on June 12, 2002 12:22:51 PM new
Boy, Thanks for all your comments! I wasn't being paranoid, I just want to do what is right. No ebaY can't go into my home, but they could NARU me. I have bben doing this too long, and with close to 1000 feedback, this is not a time to screw up!
The person who wanted the item, never bid, she was waiting until the last minute and couldn't get in. SHE contacted ME in case my seller fell through. And even if mine did, I would offer it to the second bidder first. But the second bidder did not contact me, so I can not spam her and tell her about my Mother's doll. I should have just given her my Mom's email address and let them take it from there. But I didn't. My name is involved and I feel I have to list it. SO...I will have her list it, with no pics, for less cost, use BIN with the price agreed upon, and everyone will live happily-ever after...
The things I do for my Mother!
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spadehammer
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posted on June 13, 2002 12:17:12 PM new
that's a lot of hoo-ha to go through. just agree on a price and sell her the doll.
how's ebay ever gonna know about it anyway?
spade
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