The Common Law
Tips for buying on eBay during the holidays
By Megan Lonergan, Fri., Dec. 22, 2006
There are several things to remember when buying items on eBay. The first thing to know is that when people place a bid on an item, they are entering into a contract with the individual seller of that item. eBay is not a party to the actual transaction between you and the seller. The listing provides the conditions of the sale, and you must abide by those conditions unless they violate eBay's user agreement or are unlawful. Resist the urge to impulse shop; don't press that "Bid Now" button until you're ready to commit.
Second, if you are the highest bidder at the end of the auction and your bid is accepted by the seller, you are obligated to complete the transaction. Ordinarily, bids are binding and may not be retracted. Keep in mind, however, that bids on certain eBay auctions are nonbinding. For example, bids on items prohibited by law or the eBay user agreement are not binding. Copyright laws may be violated when sellers list counterfeit items and represent them as genuine.
Third, be sure to use a secure method to pay for the item. But before discussing secure ways to pay, it's best to highlight how not to pay for an item on eBay. If a seller ever asks you to pay with a money order or a cashier's check, beware! Once that payment leaves your wallet, it becomes extremely difficult to retrieve.
A better option is using a credit card, which gives consumers an extra layer of protection because (if problems arise) they can contest the purchase with the credit card company, as well as the – one of the most secure methods of payment for items purchased on eBay. In fact, eBay recommends that you make all your transactions through PayPal. What makes PayPal more secure is the fact that you are only giving your credit card information to one party, rather that giving that sacred information to multifarious sellers. Additionally, there are other benefits to using PayPal. Part of the PayPal user agreement provides a buyer protection policy. The policy guarantees $1000 of coverage against fraud on each qualified eBay purchase.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
