Is a seller on Ebay legally obliged to sell ?

Equaliser123

toffe wrote: »

But regardless of all that the fact remains that no case law exists to prove that an ebay sale is as binding as a traditional auction sale.

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From a legal perspective, that comment simply does not mean anything. Common law develops through analogy and distinction. Nothing I have seen gives me any reason to doubt that irrespective of what labels Ebay applies, it is, for legal purposes, facilitating an auction.

toffe

Equaliser123 wrote: »

From a legal perspective, that comment simply does not mean anything. Common law develops through analogy and distinction. Nothing I have seen gives me any reason to doubt that irrespective of what labels Ebay applies, it is, for legal purposes, facilitating an auction.

Ebay have been to court in other european countries and sucessfully claimed that they are not auctioneers.

Ebay have never been challenged on their status in this country so we can not say for sure what their status is as far as the law is concerned but they are clear that they do not consider themselves auctioneers and that they are not the sellers agent claiming that ebay is merely a venue where buyers and sellers meet.

If that be the case then no one can accept an offer or "bid" on the sellers behalf as there is no middle agent involved, so presumably, though not proven, the sale is only concluded once the seller accepts the buyers bid/offer.

I don't know of any law which would allow a buyer to claim a contract is formed solely on the basis of a deadline, or or a period of time passing. Surely without an auctioneer the ebay system is no more than a seller setting a deadline for buyers best offers, much the same as a property going to sealed bids.

There is no obligation for the seller to sell, just because they set a deadline for highest offers.

Equaliser123

I think we are going to have to disagree. Anyway, OP is nowhere to be seen....

toffe

Equaliser123 wrote: »

I think we are going to have to disagree. Anyway, OP is nowhere to be seen....

Agreed. At no point have i said i'm definately right or your definately wrong and i think there is credibility in both arguments, what there isn't is clarity as neither argument has ever gone before a court.

We are not going to get clarification, nor are we going to agree maybe agreeing to disagree is the best option for now.