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Old 07-03-2008, 09:45 AM
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Default ok Lawyers- Is shill bidding illegal?

Posted By: T206Collector

"People who get bilked out of their life savings by a con artist are usually happy at the time as well. The question is, would ebay buyers still be happy once all the facts came out?"

Fortunately this is not the standard for most purchases in our economy. Let's say you sell a card, but didn't know it had a rare back. So you sell it for $50. I buy it, because I know it has a rare back. I sell it tomorrow for $5,000. You have absolutely no recourse and I did absolutely nothing wrong. Yet, the seller might be pretty annoyed to later learn that they did not have all the facts about the sale.

Flip it to the buyer. I buy a card for $5,000 because I think it has a rare Sweet Caporal back. I learn the next day that Sweet Caporal is about as common as it gets. I again have absolutely no recourse.

The standard for an acceptable and binding transaction simply cannot be that both sides have perfect information otherwise the sale is void. Again, fraud is fraud -- and, really, I do understand that shilling is fraud. But Shilling is simply not "bad" because one side didn't know what the other side did. It is the false representation of the circumstances of the sale from which liability arises.



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