When you list something for sale on eBay, you personally guarantee that the listing is accurate, that you own the item, and that selling it is legal — and eBay can remove your listing or restrict your account if it decides there is a problem.
This analysis describes what eBay's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Sellers bear full legal responsibility for their listings' compliance with eBay policies and applicable law, and eBay's right to act includes account-level consequences even when eBay makes its determination unilaterally.
The updated User Agreement incorporates additional policies and terms that were previously referenced separately, making them contractually binding conditions of service use. The agreement now explicitly states that continued use constitutes acceptance of all incorporated policies and additional terms posted on eBay's sites and applications. The updated language emphasizes that disputes are resolved through binding arbitration unless the user opts out according to section 19.B.9, and contains a waiver of class action rights. You can review which eBay entity contracts with you based on your jurisdiction (eBay Inc. for US, eBay UK Limited for UK, eBay GmbH for EU, and others listed) and locate the opt-out mechanism for arbitration in section 19.B.9 of the full agreement.
View change record →For sellers, this clause means you personally warrant the accuracy and legality of everything you list, and eBay can remove listings or restrict your selling privileges based on its own determination without requiring a formal finding of a violation.
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"By listing an item, you represent and warrant that you, and all aspects of the item and the listing, comply with our published policies; you are the seller of the item; the item is accurately described; and you have the right to offer and sell the item. You agree that we may remove the listing and take other actions, including limiting or removing your selling privileges, if we determine it is reasonably necessary.— Excerpt from eBay's eBay User Agreement
REGULATORY LANDSCAPE: Seller listing obligations engage the FTC Act's prohibition on deceptive practices in commerce, state consumer protection statutes, and product liability frameworks depending on the item category. For sellers of regulated goods (food, cosmetics, electronics, medical devices), additional federal agency regulations from the FDA, FCC, and CPSC may apply. The EU's DSA and Product Safety Regulation also impose obligations on marketplace sellers and platforms regarding product compliance. GOVERNANCE EXPOSURE: Medium. This provision is standard in marketplace agreements and reflects eBay's general legal architecture of placing compliance responsibility on sellers rather than the platform. However, the breadth of the warranty (including that all 'aspects of the item' comply) creates meaningful exposure for sellers of complex or regulated product categories. JURISDICTION FLAGS: EU sellers face additional obligations under the DSA and EU product safety law, which require accurate item descriptions and compliance documentation for regulated categories. US sellers in regulated product categories (toys, electronics, supplements) should be aware that this warranty extends to applicable federal regulatory compliance, not just eBay policy compliance. CONTRACT AND VENDOR IMPLICATIONS: Business sellers sourcing inventory from third-party suppliers should evaluate whether their supply chain due diligence is sufficient to support the warranty made in this clause. Sellers should consider whether errors and omissions or product liability insurance adequately covers claims arising from inaccurate or non-compliant listings. COMPLIANCE CONSIDERATIONS: Compliance programs for business sellers on eBay should include listing accuracy audits, IP clearance processes for branded goods, and category-specific regulatory compliance checks — particularly for health, safety, and electronics categories. Legal teams should note that eBay's unilateral right to determine non-compliance and act creates limited procedural recourse for sellers whose listings are removed.
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Sellers bear full legal responsibility for their listings' compliance with eBay policies and applicable law, and eBay's right to act includes account-level consequences even when eBay makes its determination unilaterally.
For sellers, this clause means you personally warrant the accuracy and legality of everything you list, and eBay can remove listings or restrict your selling privileges based on its own determination without requiring a formal finding of a violation.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by eBay.