Legal Question in Business Law in California

selling on E-bay

I would like to know if it is legal for a seller on e-bay to sell furniture on his site and than ship it from walmart.com which is not previously disclosed as the source and charge twice the price as walmart.com sells the same item? That happened to me and I am in the process of a dispute with the seller.

Thank you, Doug


Asked on 1/10/04, 12:33 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: selling on E-bay

Offhand I don't see a problem. The seller doesn't have to tell you where he gets his inventory, and it doesn't matter if he purchases it after you complete your transaction so long as he gets it to you in a timely manner. He also doesn't have to tell you where you can find the same merchandise for a lower price.

If you agreed to pay more than the item was worth, that's your problem and not the seller's. Most eBay purchases are made via auction, and if the bids went that high you can hardly fault the seller.

Whether it was a straight purchase or an auction, your transaction on eBay is a binding contract. I see no reason to believe the seller has breached, so you are obligated to either go through with the purchase or work out some agreement with the seller.

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Answered on 1/13/04, 7:47 pm


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