• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is any of this legally binding?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? OH

This was in a furniture auction listing on Ebay. It seems to me that much of this can't be enforced and the seller is using it as a scare tactic.

This is a section from the sellers "Understanding your responsibility and Liability"

1) A common misconception is that bids on ebay are not enforceable but nothing is farther from the truth. When you click to bid this becomes a legal electronic signature. It just the same as if you signed a written contract and can be enforced in court. This is the real world and not some virtual reality game.

2) Most people mistakenly think that they are protected by the 1st amendment "freedom of speech" when it comes to leaving feedback. This simply is not true. It has no bearing on Ebay feedback at all. The truth is that you are legally responsible for what you write. Most people would never think of taking out a newspaper ad to say something bad about some one or company. They understand they they could be sued and would have to go to prove their claim in a court. But these same people don't seem to have any problems writing libelous statement on Ebay feedbacks where millions of people will see what they wrote. So before you write a damaging feedback about anyone you should be absolutely certain that you can prove your claim in a court of law because you may need to![/FONT][/FONT]3) The jurisdictional laws in this county have change significantly with the advent of the Internet. Today in some cases when you bid on an auction you may become subject to the jurisdiction of another State. Some attorney's have not kept up with this new laws and have given their clients bad advice. Some people commonly commit crimes on ebay against other members without realizing that their actions are criminal. If you interfere with some ones business on Ebay that is called "Interfering with business relations" It is a civil offence in which you can be sued. If you do the same thing while trying to force someone into giving into your demands. That is a class "C" Felony called Extortion and is punishable by at least 1 year in prison to a maximum of 10 years in some States.

4) Please be very careful about using the word Fraud. This word is misused too many times just because someone didn't understand some thing. The definitions of Fraud is the willfully or knowingly misrepresentation to gain a profit. It does not apply to misunderstanding, human error, accidents, acts of God or any unintentional act. Fraud is one of the most difficult things to prove because you must prove the intent. Even if you believe some thing was misrepresented whether it was or not would not matter unless you could prove the intent. So please be careful of this word because if use in the wrong place will guarantee a law suit for liable. I have seen this word misused for items lost in the mail, for payments that were sent to the wrong address and from people who didn't know that silver will tarnish and so on. Misusing this word can be very costly.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential