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eBay listing question - Which has priority, title or description?

astroratastrorat Posts: 9,221 ✭✭✭✭✭
Here is hypothetical eBay situation for those eBay veterans.

Let's say there is a listing in the proper category for original US proof sets. The title is "1978 US proof set in US Mint packaging" but the images and detailed description are for a 1977 US proof set in US Mint packaging. Let's assume that the price of both sets is about the same (which I think is true) and that there is no indication of any intended deception. In other words, it's clear that either the title or the description is in error.

Okay ... if a buyer were to win the auction, here are the questions:

1. Which of the two sets should the buyer expect to receive?
2. Which of the two sets would eBay see at the "correct" item won in the auction?

Let's ignore the "should have clarified first" responses as that's not the issue at hand.
Numismatist Ordinaire
See http://www.doubledimes.com for a free online reference for US twenty-cent pieces

Comments

  • llafoellafoe Posts: 7,220 ✭✭
    Title
    WANTED: Cincinnati Reds TEAM Cards
  • LindeDadLindeDad Posts: 18,766 ✭✭✭✭✭
    I agree with the title and will note that when I see a difference in a listing like that I normally contact the seller to let them know. Usually just a typo type of mistake.
    image
  • derrybderryb Posts: 37,687 ✭✭✭✭✭
    One who is not clear on what they are buying should first see clarifiaction from the seller. The clarification should be in the form of a change to the discrepancy in the listing. A seller who will not respond or correct a listing obviously wants his buyer confused. I would also accept clarification in an ebay message as ebay would have access to what a seller tells a buyer in the event of a "not as described" claim.

    Many sellers use templates or earlier listings to speed up the listing process. It is not uncommon for them to not make all the necessary changes since the listing was last used.

    No Way Out: Stimulus and Money Printing Are the Only Path Left


  • Wouldn't bid until contact the seller and auction is corrected.
    Wouldn't matter what we say but how eBay would handle it.
  • jt88jt88 Posts: 3,203 ✭✭✭✭✭
    Answer to question 1: It really depends on the buyer interpretation of your confusing listing.
    Answer to question 2: EBay will side with the buyer if the buyer file a claim wants to return the item since the listing is confusing.
  • I think jt88's answer is as close to reality as it'll get.Regardless of what might be "right" ebay is going to side with the buyer if theres a dispute.
  • astroratastrorat Posts: 9,221 ✭✭✭✭✭
    Thanks for the responses.



    << <i>Answer to question 1: It really depends on the buyer interpretation of your confusing listing. >>

    Just to be clear, I am not asking about a listing of mine.
    Numismatist Ordinaire
    See http://www.doubledimes.com for a free online reference for US twenty-cent pieces
  • I wouldn't bid on the auction described without first contacting the seller to verify what was what.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭


    << <i>1. Which of the two sets should the buyer expect to receive? >>

    The buyer should expect to receive the set the seller intended to sell.

    << <i>2. Which of the two sets would eBay see at the "correct" item won in the auction? >>

    Ask them twenty times, and you'll get twenty different answers, none of them having anything to do with actually determining what set the seller intended to sell.
  • rec78rec78 Posts: 5,873 ✭✭✭✭✭


    << <i>1. Which of the two sets should the buyer expect to receive? >>


    Pictured item-I always assume that the item in the picture is the one that the seller is selling and that the title is wrong-unless explained in the description why the correct photo is not used.



    << <i>2. Which of the two sets would eBay see at the "correct" item won in the auction? >>


    I don't know.

    Bob
    image
  • notwilightnotwilight Posts: 12,864 ✭✭✭
    none of the above answers is correct.

    You should expect to receive the one the seller has. There is no way to tell which one he has.

    I've posted auctions:

    1. that have right picture but wrong title.
    1a. that have the wrong category but otherwise right.
    2. that have wrong picture but right title.
    3. That have the title right but I but the description wrong.
    4. that have the description wrong but the title wrong.
    5. That have multiple problems..

    In all cases, the one I had was the one I had and any ebay rule would not change that. Making any rule setting priority won't change that. Are you suggesting that if there were a rule stating that one, lets just say title, had "priority" then I would have to go out and purchase the listed item to satisfy the ebay sale?

    --Jerry
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭


    << <i>none of the above answers is correct. You should expect to receive the one the seller has. >>

    ???

    mrpotatoheadd said: "The buyer should expect to receive the set the seller intended to sell." image
  • CoinCrazyPACoinCrazyPA Posts: 2,899 ✭✭✭✭
    I always ask, and usually get a thank you for helping the seller.
    Positive BST transactions: agentjim007, cohodk, CharlieC, Chrischampeon, DRG, 3 x delistamps, djdilliodon, gmherps13, jmski52, Meltdown, Mesquite, 2 x nibanny, themaster, 2 x segoja, Timbuk3, ve3rules, jom, Blackhawk, hchcoin, Relaxn, pitboss, blu62vette, Jfoot13, Jinx86, jfoot13,Ronb

    Successful Trades: Swampboy,
  • notwilightnotwilight Posts: 12,864 ✭✭✭


    << <i>

    << <i>none of the above answers is correct. You should expect to receive the one the seller has. >>

    ???

    mrpotatoheadd said: "The buyer should expect to receive the set the seller intended to sell." image >>



    Yeah, I noticed later that I missed your correct answer...
  • If I bid but missed that there was a difference, I'd expect to receive the one they intended, my problem if it's not what I was after (but if there was a significant difference in value I'd expect to be able to pull out of deal). If I was selling, I'd probably throw in a cheap coin just to keep the buyer happy.
    Still thinking of what to put in my signature...
  • PerryHallPerryHall Posts: 46,881 ✭✭✭✭✭
    If there is any question as to what is for sale due to a conflict in the listing, send the seller a question to get clarification. If you don't get a response, either assume a worse case scenario or don't bid. It's as simple as that.

    Worry is the interest you pay on a debt you may not owe.
    "Paper money eventually returns to its intrinsic value---zero."----Voltaire
    "Everything you say should be true, but not everything true should be said."----Voltaire



  • << <i>

    << <i>

    << <i>none of the above answers is correct. You should expect to receive the one the seller has. >>

    ???

    mrpotatoheadd said: "The buyer should expect to receive the set the seller intended to sell." image >>



    Yeah, I noticed later that I missed your correct answer... >>



    Correct me if i'm reading this wrong , but are you saying a seller that states one year in the title and another in the listing can just send whatever it is he has ? Dream on , if the buyer doesnt get what he expected you will see a neg in the worst instance , possibly a return.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭


    << <i>Correct me if i'm reading this wrong , but are you saying a seller that states one year in the title and another in the listing can just send whatever it is he has ? >>

    What else is he going to send? The one he doesn't have?

    << <i>Dream on , if the buyer doesnt get what he expected you will see a neg in the worst instance , possibly a return. >>

    I'm under no illusions here. Buyers aren't even expected to read the listings anymore, and can give negative feedback regardless of what the seller does. Doesn't make it right.

    Posted by notwilight:

    I've posted auctions:

    1. that have right picture but wrong title.
    1a. that have the wrong category but otherwise right.
    2. that have wrong picture but right title.
    3. That have the title right but I but the description wrong.
    4. that have the description wrong but the title wrong.
    5. That have multiple problems..


    Everybody makes mistakes sometimes. That it happens on eBay is no reason to beat up on somebody just because you can get away with it. Maybe the bidder could accept some responsibility himself for the trouble caused by his not reading the listing and asking a question about conflicting claims? Nahhh... that'll never fly.
  • There's a title, a description and a picture. I'd guess that whichever 2 out of 3 match up is the item in question. ;-)

    -Keith


  • << <i>

    << <i>Correct me if i'm reading this wrong , but are you saying a seller that states one year in the title and another in the listing can just send whatever it is he has ? >>

    What else is he going to send? The one he doesn't have?

    << <i>Dream on , if the buyer doesnt get what he expected you will see a neg in the worst instance , possibly a return. >>

    I'm under no illusions here. Buyers aren't even expected to read the listings anymore, and can give negative feedback regardless of what the seller does. Doesn't make it right.

    Posted by notwilight:

    I've posted auctions:

    1. that have right picture but wrong title.
    1a. that have the wrong category but otherwise right.
    2. that have wrong picture but right title.
    3. That have the title right but I but the description wrong.
    4. that have the description wrong but the title wrong.
    5. That have multiple problems..


    Everybody makes mistakes sometimes. That it happens on eBay is no reason to beat up on somebody just because you can get away with it. Maybe the bidder could accept some responsibility himself for the trouble caused by his not reading the listing and asking a question about conflicting claims? Nahhh... that'll never fly. >>



    The OP requested we don't use the customer should ask scenario , so no..it will not fly. Regardless , i still think the customer would win hands down in a dispute and be right. If i think i'm buying a 1957 Mint set and get sent 1967 , yeah..i'm going to be annoyed.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭


    << <i>Regardless , i still think the customer would win hands down in a dispute and be right. >>

    The buyer would win, but he would not be right.

    Copied directly from eBay:

    I found something to bid on, but I'm having trouble making sense of the information.

    Before you bid, review the item description, seller information, and shipping policy. If you have any questions, email the seller.

    << <i>If i think i'm buying a 1957 Mint set and get sent 1967 , yeah..i'm going to be annoyed. >>

    You would bid on a listing with a title thats says "1957 mint set" and description that says "1967 mint set", and expect to get the 1957 one? Why?

    edited to add... to address the OP's question direcly: "Which has priority, title or description?"

    Unless you ask before bidding, the answer to that is "whichever of the two the seller has".


  • << <i>

    << <i>Regardless , i still think the customer would win hands down in a dispute and be right. >>

    The buyer would win, but he would not be right.

    Copied directly from eBay:

    I found something to bid on, but I'm having trouble making sense of the information.

    Before you bid, review the item description, seller information, and shipping policy. If you have any questions, email the seller.

    << <i>If i think i'm buying a 1957 Mint set and get sent 1967 , yeah..i'm going to be annoyed. >>

    You would bid on a listing with a title thats says "1957 mint set" and description that says "1967 mint set", and expect to get the 1957 one? Why? >>



    Why can't you abide by the OP's request on his thread ? I'll repeat , we were asked to ignore the ask the seller scenario , thats the angle im working from.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭
    I posted a reply yesterday:

    Saturday September 17, 2011 1:28 PM

    The buyer should expect to receive the set the seller intended to sell.


    Whether the intended item is in the description or title is immaterial. You're going to get what he has- "priority" of title over description (or vice versa) has nothing to do with it. And since we're not dealing in reality (asking the seller is out of the question), there's no way to know which you'll get.


  • << <i>I posted a reply yesterday:

    Saturday September 17, 2011 1:28 PM

    The buyer should expect to receive the set the seller intended to sell.


    Whether the intended item is in the description or title is immaterial. You're going to get what he has- "priority" of title over description (or vice versa) has nothing to do with it. And since we're not dealing in reality (asking the seller is out of the question), there's no way to know which you'll get. >>



    Using that theory i can list silver dollars and send baloney sandwiches.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭
    Sellers don't purposely list two different items when they only have one of them. If there's such an error in the listing, it would seem the obvious outcome is that the buyer is going to get what the seller has, not what he doesn't.

    << <i>Using that theory i can list silver dollars and send baloney sandwiches. >>

    The OP didn't stipulate that the seller intentionally listed improperly with the intent to defraud, so you shouldn't be bringing it up here ("Why can't you abide by the OP's request on his thread ?"), should you? image


  • << <i>Sellers don't purposely list two different items when they only have one of them. If there's such an error in the listing, it would seem the obvious outcome is that the buyer is going to get what the seller has, not what he doesn't.

    << <i>Using that theory i can list silver dollars and send baloney sandwiches. >>

    The OP didn't stipulate that the seller intentionally listed improperly with the intent to defraud, so you shouldn't be bringing it up here ("Why can't you abide by the OP's request on his thread ?"), should you? image >>



    It's not my logic , not me saying i can list one thing and send another.What i'm saying is if the buyer gets something he wasn't expecting ..ie..bought on the strength of the listing title he is going to win any dispute.I'm happy to agree to disagree because you can post all day and not sway my thinking and its just too nice a day.
  • mrpotatoheaddmrpotatoheadd Posts: 7,576 ✭✭✭


    << <i>It's not my logic , not me saying i can list one thing and send another. >>

    Nobody is saying it's okay to list one thing and send another. What they're saying is that sometimes, there are unintended errors in a listing and we were posed a hypothetical that precluded the buyer from clearing up any confusion on the subject.

    << <i>What i'm saying is if the buyer gets something he wasn't expecting ..ie..bought on the strength of the listing title he is going to win any dispute. >>

    Nobody has claimed otherwise.
  • TwoSides2aCoinTwoSides2aCoin Posts: 44,621 ✭✭✭✭✭


    << <i>Here is hypothetical eBay situation for those eBay veterans.

    Let's say there is a listing in the proper category for original US proof sets. The title is "1978 US proof set in US Mint packaging" but the images and detailed description are for a 1977 US proof set in US Mint packaging. Let's assume that the price of both sets is about the same (which I think is true) and that there is no indication of any intended deception. In other words, it's clear that either the title or the description is in error.

    Okay ... if a buyer were to win the auction, here are the questions:

    1. Which of the two sets should the buyer expect to receive?
    2. Which of the two sets would eBay see at the "correct" item won in the auction?

    Let's ignore the "should have clarified first" responses as that's not the issue at hand. >>




    1) the buyer should expect to receive the one he thinks is the best deal
    2) eBay sides with the buyer. No worries. Just take advantage of stupid sellers, and let's ignore the rest( Those are BIN listings).

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