Greg - you are right, because those businesses are considered "merchants," and are covered by the UCC. Everyone here is assuming an occasional seller on eBay is a merchant under that law, but I am not sure how the UCC treats such internet flea market and auction sales. In the old days (pre-computer), if you sold something at a garage sale, you were not covered by UCC article 2 (which is the portion of the law that covers sales or goods).

I would be interested in whether any of the other lawyers on the Chip Board have dealt with this question, since my experience is limited to the 1982 bar exam.

I raised the code of ethics in part because it creates additional obligations beyond the UCC's requirements, such as return policies.