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Non-Binding Bid Policy

If you intend to sell on one or more of eBay's international sites, you will need to accept, and we encourage you to carefully review, the User Agreement, policies, and other requirements of that site. You can continue to reach out to the relevant customer service teams on the respective eBay site of your listing or transaction, as may be applicable to the nature of your query.

Certain types of items cannot be sold through the auction or fixed price format on our site. Therefore, we have a separate policy for those types of items where placing a bid neither constitutes a legally binding contract or obligates the seller to sell the item. ("Non – Binding Bid Category Items")The high bidder is not obligated to purchase the item either. If you list Non – Binding Bid Category items on eBay, the listing cannot result in a binding contract to buy and sell the item, but is merely a means of introducing interested potential sellers to interested potential buyers.

Non – Binding Bid Category Items include but are not limited to the following types of items which must be listed in the appropriate "non-binding bid" category (if such category exists), and may only be listed to solicit indications of interest for the item:

  • Real Estate (e.g., homes, real property)

  • Businesses (e.g., stock sale of businesses)

  • Intellectual Property

In addition, we recommend that when you list Non – Binding Bid Category Items, you seek legal advice and the aid of an appropriate licensed professional. The purchase and sale of these types of items is complicated, and subject to a wide variety of laws, including those of the local jurisdiction and the country in which the item is located. If you list any of these types of items to solicit indications of interest you may, but are not obligated to, contact anyone who responds to your listing to discuss the sale of the item, subject to the terms of the Privacy Policy.

Violations of this policy may result in a range of actions, including:

  • Listing or Want It Now post cancellation

  • Forfeit of eBay fees on cancelled listings

  • Limits placed on account privileges

  • Loss of PowerSeller status

  • Account suspension

Maya is selling her house and has received many bids on the property. The listing closes with a high bidder and Maya is ready to close the sale. Unfortunately, the high bidder decides not to complete the transaction. Upset with this buyer, Maya tries to file for Final Value Fee credit through the Unpaid Item process. Maya, the seller, is in violation of the non-binding bid policy because bids on real estate are not contracts.

Example of a binding bid: Sunny is bidding on a new carpet for his living room and he wins the online auction. Later, he finds out that the carpet is not big enough to cover his floor and he wishes to back out of the transaction, claiming the bid was non-binding. Sunny, the buyer, is in violation of the Unpaid Item policy because the carpet he was bidding on is not covered under the non-binding bid policy.

In most cases, a bid on eBay is a legally binding contract between the buyer and the seller. Due to state laws and complexities in certain real estate transactions, bids on some categories of Real Estate on eBay are non-binding.

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