... at least to some extent, as you may recall from our previous discussions of this subject.

>> At first glance, it may seem unfair that you can't warn
>> bidders, but it's really an excellent rule.

It really is not an excellent rule. There are eBay auctions in which it is appropriate to write directly to the bidders, though eBay has made it more difficult than it used to be. I am fully prepared to do so where there is such misrepresentation as to give the appearance of fraudulent intent -- though I will write to bidders only after providing the seller with correct information and an opportunity to correct the misrepresentation. If I get an "in your face" type of response, then I have no compunctions about writing to the bidders to advise them of the true facts (though I am careful to make no accusations; I simply provide accurate information about the item).

>> That is a suspendible offense, don't do it.

I have had several discussions with eBay about this, which have included threats of suspension, but each time they have backed off (could be the fact that I'm a lawyer and know litigation speak! ). Seriously, though, I wouldn't suggest that anyone and everyone jump in doing this. To be "eBay safe", it has to be done with care, a clear understanding of the risks and knowledge of how to do it correctly, from a legal perspective.

>> eBay is a Caveat Emptor environment, and it's really up to
>> every bidder to satisfy themselves that an item is as represented.

Have to disagree with that, too, Michael, at least in part. eBay would like everyone to believe that line, but the fact is that there is no longer any such thing as a "caveat emptor environment" when it comes to fraud. Fraud is a crime in every jurisdiction in this country. In my opinion, it is really up to every seller to satisfy himself that an item is as represented before putting it on eBay. Any seller who fails to do so -- or who intentionally misrepresents the item -- deserves no protection from either eBay or the legal system.

----- jim o\-S