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***mandy*** · 10-02-2006, 08:13 AM,

Quote:THE contractual legalities of buying and selling on eBay are being tested in an Australian court for the first time in a case that it is claimed could destroy public confidence in the popular online auction site.

The case, involving the sale of a rare World War II aircraft, has reached the NSW Supreme Court, with a judge ruling that the plane cannot be moved from a hangar in Albury on the NSW-Victoria border until the dispute is settled.

Adelaide "warbird" enthusiast Peter Smythe is suing Albury radiographer Vin Thomas for allegedly breaking the rules of eBay by refusing to hand over the plane, a 1946 Wirraway, despite making the sale on the website.

The plane - one of only five in the world still flying - was put up for sale on eBay by Dr Thomas in August with a reserve price of $150,000. Mr Smythe was the only person to bid, matching the reserve price with just 20 seconds to go before the auction closed on August 25.

But unknown to Mr Smythe, Dr Thomas had already agreed to sell the plane to a Queensland buyer for almost $250,000...

full article: http://www.theaustralian.news.com.au/sto...02,00.html

landofsmiles · 10-02-2006, 01:15 PM,

Very interesting. I wonder if it will end up on Judge Judy right after the case about the spray painted vintage turd that was not as represented.

jezebel · 10-02-2006, 11:52 PM,

Similar situation, different country:

Paranormalist Uri Geller Gets Screwed by eBay Seller and Sues

**amy** · 10-03-2006, 12:51 AM,

[quote author=jezebel link=topic=5321.msg26081#msg26081 date=1159833143]
Similar situation, different country:

Paranormalist Uri Geller Gets Screwed by eBay Seller and Sues
[/quote]

Similar but not the same. The rules for real estate transactions on eBay are different--no binding contract was created when Geller won Elvis' house.

**amy** · 10-03-2006, 12:56 AM,

Typical eBay PR BS--the current case involves an airplane sale and so the spokesman evades the issue and makes a comment about real estate sales Happy001

Quote:EBay spokesman David Feiler said sellers listing items in certain categories, such as houses, did not enter a binding contract to carry the transaction once the auction ended. But he would not comment on whether a plane fell into one of those categories.

maryrussel · 10-03-2006, 07:22 PM,

Quote:Australian court case could destroy public confidence in auction site eBay AU

eBay managed to do that to themselves before these court cases.