If eBay can be held to auction laws within many states then this lawsuit may have a dramatic impact. I agree with the vast majority that its understood how eBay works and that eBay’s process appears to balance the needs of the seller with those of the buyer however that is not the case with auction laws. It gets into the debate of dual agency which is a mine field in the auction world. Auctioneers normally only represent their client the seller and that makes it nearly impossible to represent the buyer. Dual agency is like having the same attorney represent both the plaintiff and defendant in the same case. Most of us realize the problems with that situation. I believe the attorneys in this case will argue that eBay must represent the seller and not the buyer. If they are successful on that issue eBay has a problem because they are being made aware that the buyer is willing to purchase the item for a much higher price than what was paid. If eBay is representing the seller, shouldn’t they then sell the item at the higher price? I’m sure the attorneys will be making that point. Some of the other users have mentioned auction houses and I believe they have slightly missed the mark. EBays bidding rules and process are closer to that of accepting absentee bids at auction. Believe me its something that is very tricky for auction companies.
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Auction Law, Dual Agency and a mine field
It gets into the debate of dual agency which is a mine field in the auction world. Auctioneers normally only represent their client the seller and that makes it nearly impossible to represent the buyer. Dual agency is like having the same attorney represent both the plaintiff and defendant in the same case. Most of us realize the problems with that situation.
I believe the attorneys in this case will argue that eBay must represent the seller and not the buyer. If they are successful on that issue eBay has a problem because they are being made aware that the buyer is willing to purchase the item for a much higher price than what was paid. If eBay is representing the seller, shouldn’t they then sell the item at the higher price? I’m sure the attorneys will be making that point.
Some of the other users have mentioned auction houses and I believe they have slightly missed the mark. EBays bidding rules and process are closer to that of accepting absentee bids at auction. Believe me its something that is very tricky for auction companies.
Techdirt has not posted any stories submitted by AuctionsASAP.
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