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All Business
All Business, Attorney
Category: Business Law
Satisfied Customers: 847
Experience:  27 years of business experience with accounting and law degrees
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I recently got burned purchasing a pair of what I thought were

Resolved Question:

I recently got burned purchasing a pair of what I thought were designer jeans. Upon further research, I discovered this is common practice in the Ebay community. I have viewed several websites where these products are offered, and I am wondering if it is indeed legal to sell these items so long as you do not mention the designer's name in the ad or state that the item is a replica. Any assistance or direction you can give me would be greatly appreciated!
Submitted: 6 years ago.
Category: Business Law
Expert:  All Business replied 6 years ago.
yes, it is pretty much a buyer beware situation where you need to be particularly careful. where the advertising is erroneous or outright false, there are procedures where you can report that into the e bay system and police it that way.
Customer: replied 6 years ago.
I attempted to garner Ebay's assistance, however they refuse to do anything. Likewise, Paypal refuses to return my money. This is what led me to do my own investigation. So if I understand you, it is NOT illegal to sell this merchandise whether in an auction environment, Craigslist or otherwise, so long as the brand name is XXXXX XXXXX or it is specified to be a replica product? Is there anywhere online I could go in order to view these "loopholes" in the law? I just want to know what my rights are going forward. Knowledge is power! :) Thank you
Expert:  All Business replied 6 years ago.

very simply put, if what is being offered is what is sold then it is legal. that is, if you get what you bought it is allowed. if, in buying something, you are assuming certain things or otherwise expecting something different because of the way it looks, that is not illegal.

it sounds to me that the pic of the item led you to believe something other than what it was. the information, though, did not state anything that was untrue. if so, it is legitimate. this is not a loophole in the law. it is merely a buy/sell community.

i am sorry for the situation but, as you stated, it does happen all the time and, thus, you need to be very careful on those sites.

 

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