> There is an existing contract between eBay and the seller as soon as the > auction is listed. It is a part of the TOS and the selling agreement. If > you have not read them you just might want to do that. Actually Rich, that's exactly what I said: "The contract that's broken is between the seller and eBay, but like it's been said, that would be very hard to enforce/prove/etc." Disobeying the TOS gets your account pulled. Big deal if doing so makes you an additional grand on a $4000 auction AND avoids eBay fees. He'd just close that account and set up a new one. eBay would go under if it tried to chase down and prosecute every example of this kind of thing. Ain't gonna happen.