Sellers should avoid listing an item which the seller is not permitted to sell due to contractual obligations entered into with a third party. Prior to listing items on eBay, sellers should carefully read any contract they have entered into that might prohibit or limit their rights to sell items on eBay.
Airline tickets have terms printed on the item that may limit their transferability to buyers. Users who distribute a company's products may have signed a separate contract with that company that limits their ability to sell those items outside of the contract.
eBay does not search for items that may raise contractual issues. Nor can eBay review copies of private contracts, or adjudicate or take sides in private contract disputes. However, eBay would like to make users aware that listing items in violation of contractual obligations could put them at risk with third parties. eBay therefore urges members not to list any item until they have reviewed any relevant contracts or agreements, and are confident they can legally sell it on eBay.
eBay provides this information to help members trade safely on eBay and protect themselves from liability. Users are responsible for ensuring that their transaction is legal. If members have any questions about their rights under a contract or agreement, eBay strongly recommends they contact the company with whom they have entered into the contract and/or consult with an attorney.
Why does eBay have this policy?
eBay wants to stress the importance of honoring contractual agreements with third parties including contracts that may prohibit or limit the member’s ability to sell certain items on the site.
