Ebay: Help required

[Autocar Publicity]

My legal dictionary defines an auction as "A process whereby the auctioneer sells or offers for sale goods where a person becomes a purchaser by competition, being the highest bidder. A bid is accepted when the auctioneer's hammer falls, creating a contract".

So I'd presume that when I post an item on E-bay I'm making it known I'll accept offers on it (in legal terms, an offer to treat). Prospective buyers make offers to me and I'm obliged to accept the highest. Because the buyer is the one making the offer, if the seller declines it (for whatever reason), then the prospective buyer is out of luck, legally speaking. Sometimes in this sort of situation, consumer law and advertising law apply, but really only to businesses.

I'd think the auction starts when the item is listed - if you were in an auction house, when would you say the auction started? Without being knowledgeable about this area of law, I'd say when the auctioneer says, "Lot 229, a beautiful example of..." rather than when Fred sticks his hand up and bids. But it seems that from what people have said, E-bay rules may be a bit different.

As an occasional personal and business seller on E-bay, I either offer items for auction or list it with a Buy it now. Changing it part way through (even if this allowed under the rules) doesn't seem fair and it's not something I'd do.