You could make that case, Charles. However, eBay has recognized the realities of the antiques and collectibles business and said that sales made outside an auction do not incur a commission. The alternative is that a dealer could never sell another item to someone who bids on eBay; clearly impractical.

This answer has been given by eBay staff to questions on the Q&A bulletin board that they run. It doesn't directly address the specific action of contacting underbidders, but does recognize that they could never police sales made outside their system. I believe that as long a an individual does a good business on eBay and pays commissions as required, there will never be a problem from occasional sales made as a result of seeing a sale concluded and offering the same item to underbidders. If picking off sales were his only business, I suspect it would eventually be to the auctioneer's advantage to make an issue of it

If you've ever read the users Q&A board, there are all kinds of 'collectibles police' that report what they think are misuses of the system. Some are followed up by eBay and a few result in cancellation of membership. Most do not. That board is another place to get a feel for what eBay really feels is 'right'. It's sometimes also quite entertaining <g>.

DonL