Originally Posted by Singletrack
Supremacy clause as in the supremacy of federal law and the constitution to trump state laws when they do not comply? I just googled it.
LOL. Please enlighten...
What happened to your argument about state laws having no relevance to transactions on the internet? Did you just abandon that? I would have too since it is incorrect.
I sincerely hope you are not a real attorney.
You just proved my point. Texas Business and Commerce Codež 2.328. Section B. Does not apply as posters have referenced it. Since you have learned about google, I suggest you look up the 1999 North Carolina Auctioneer Licensing Board VS Ebay Inc.
In 1999, NC attempted to regulate laws for sellers who conduct online auctions within North Carolina and failed miserably. I think you are confused with the representation that this took place in Texas. Ebay is much much bigger. Many States are fighting eBay's attempts to oppose the rightful laws of States. Ebay E-commerce is a world wide concern. It is extremely difficult to regulate.
If the seller had a auction license in the state of Texas, was using that license to list the car on their own (not using ebay) you would be correct.
If you have any other questions just ask. Its too bad the car sold and the OP missed out on a glitch.