An old but still effective trick is to auction nothing but the packaging. A heading such as "Montblanc Meisterstück 146 OVP" may mean that the highest bidder receives only the box or the service booklet; the decisive note is then hidden in the small print of particularly long descriptions. Anyone who falls for this may rescind the contract of sale (Anfechtung), and the seller is liable to prosecution for fraud under §263 of the German Criminal Code (Betrug, §263 StGB).
Caution is also called for with listings illustrated by manufacturer photographs from brochures or from websites: in such images the writing instrument is shown in ideal form, and actual defects of the example being offered are not apparent. In case of doubt, one should ask whether the photograph really shows the piece on offer.
A note that dispatch may take up to six weeks because of delivery times indicates that the seller does not possess the goods at all. Under the Ebay terms and conditions of 2004 (§8.4), only articles that were in the seller's possession at the time of the auction were permitted to be offered. Postage costs must in principle be stated; if the listing refers to the price list of a carrier, only those costs may be charged.