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Re: [tips_and_tricks] Question About Ebay

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  • Email41@aol.com
    I believe your liability concerns could be limited if you are disposing of your private property. If you have property for resale then the manufacturer may
    Message 1 of 7 , Jan 10, 2006
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      I believe your liability concerns could be limited if you are disposing of your private property. If you have property for resale then the manufacturer may have a cause of action.

      To whom this may concern,

      I have a question which I'm hoping someone can answer for me.  I'm
      kind of new to the whole "legal world" so I don't know that much
      about researching laws, statutes, case law, etc... 

      I'm currently selling a product on EBAY and I just received
      notification from the manufacturer of that product.  They are trying
      to find out WHERE I'm getting my product from and they are
      threatening me with "legal action" if I don't respond to them and
      tell them where I'm getting my product from.  

      The question I have is would they have a valid "cause of action"
      against me for selling their product on EBAY without their
      permission??  I purchase my inventory from a 3rd party company.  I'm
      assuming the company is trying to regulate the price that their
      product is being sold on EBAY which I could understand.  Anyway, if
      anyone has any experience with this kind of thing, I would really
      appreciate any information you could give me.

      Thank you in advance.


    • pd
      You may or may not have a problem. In the event a manufacturer is asking you where you got their product to sell on Ebay, it is probably because they think it
      Message 2 of 7 , Jan 10, 2006
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        You may or may not have a problem.  In the event a manufacturer is asking you where you got their product to sell on Ebay, it is probably because they think it may have originated from theft of their product.  Many manufacturers put a suggested retail price on their products and then only have certain distribution outlets that are controlled by contract.  In the event you do not respond, they will probably have every right to drag the answer out of you in a legal proceeding.  What is worse is that since you are using Ebay, you are doing things on at least a national basis and that means they can bring suit in their local courts using the long-arm statutes of their State and you will have to defend in their State of choice.  It would seem they are allowing you the room needed to settle this in a less adversarial venue than a court room where the information gathered there could lead to the manufacturer pressing criminal charges which can get real ugly in a hurry.  pd

        health10com <health10com@...> wrote:
        To whom this may concern,

        I have a question which I'm hoping someone can answer for me.  I'm
        kind of new to the whole "legal world" so I don't know that much
        about researching laws, statutes, case law, etc... 

        I'm currently selling a product on EBAY and I just received
        notification from the manufacturer of that product.  They are trying
        to find out WHERE I'm getting my product from and they are
        threatening me with "legal action" if I don't respond to them and
        tell them where I'm getting my product from.  

        The question I have is would they have a valid "cause of action"
        against me for selling their product on EBAY without their
        permission??  I purchase my inventory from a 3rd party company.  I'm
        assuming the company is trying to regulate the price that their
        product is being sold on EBAY which I could understand.  Anyway, if
        anyone has any experience with this kind of thing, I would really
        appreciate any information you could give me.

        Thank you in advance.








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      • CCDude
        If an appraiser bases a appraisal on incorrect information - then refused to make correction; then says pay it this year, next year you ll see the
        Message 3 of 7 , Jan 12, 2006
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          If an appraiser bases a "appraisal" on incorrect information - then refused to make correction;
          then says pay it this year, next year you'll see the corrections... then he writes back a letter
          simply ignoring all substantice quesitons - what and/or who is the next step?
        • pd
          Appraisers have to be licensed by the State / County / City. They have to be bonded. In the event you can prove this person s incompetence you have the right
          Message 4 of 7 , Jan 12, 2006
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            Appraisers have to be licensed by the State / County / City.  They have to be bonded.  In the event you can prove this person's incompetence you have the right to go after the bond in a legal proceeding.  The State Insurance Commissioner and the county or city the appraiser works in should also have a record of past complaints against this person.  The more past complaints against the appraiser the stronger your case becomes because it demonstrates a pattern of activity.  pd

            CCDude <ccdude@...> wrote:
            If an appraiser bases a "appraisal" on incorrect information - then refused to make correction;
            then says pay it this year, next year you'll see the corrections... then he writes back a letter
            simply ignoring all substantice quesitons - what and/or who is the next step?


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          • Don Schwarz
            Make your own appraisal and submit it, and then have them refute it by using the same formula you used or is required by law. Give them 20 days to respond, and
            Message 5 of 7 , Jan 13, 2006
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              Make your own appraisal and submit it, and then
              have them refute it by using the same formula
              you used or is required by law.

              Give them 20 days to respond, and if they don't,
              use your document to support your position, for
              they did not challenge it.




              At 03:38 PM 1/12/06 -0600, you wrote:
              If an appraiser bases a "appraisal" on incorrect information - then refused to make correction;
              then says pay it this year, next year you'll see the corrections... then he writes back a letter
              simply ignoring all substantice quesitons - what and/or who is the next step?


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            • Johnathan Doe
              ebay is a garage sale. as long as you are not infringing on any rights of theirs you are ok. if what you are selling was something you signed to not
              Message 6 of 7 , Jan 17, 2006
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                ebay is a garage sale.  as long as you are not infringing on any rights of theirs you are ok.  if what you are selling was something you signed to not distribute then they have you...otherwise you are fine.  tell them to sit down and if they want the ticket to pay for it.
                 
                how can they sue a screen name?

                health10com <health10com@...> wrote:
                To whom this may concern,

                I have a question which I'm hoping someone can answer for me.  I'm
                kind of new to the whole "legal world" so I don't know that much
                about researching laws, statutes, case law, etc... 

                I'm currently selling a product on EBAY and I just received
                notification from the manufacturer of that product.  They are trying
                to find out WHERE I'm getting my product from and they are
                threatening me with "legal action" if I don't respond to them and
                tell them where I'm getting my product from.  

                The question I have is would they have a valid "cause of action"
                against me for selling their product on EBAY without their
                permission??  I purchase my inventory from a 3rd party company.  I'm
                assuming the company is trying to regulate the price that their
                product is being sold on EBAY which I could understand.  Anyway, if
                anyone has any experience with this kind of thing, I would really
                appreciate any information you could give me.

                Thank you in advance.








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