fsmithone,
I do understand what you are saying and I have to say I have seen it happen myself, however I would propose that it is more of a problem with Ebay "cathing up" than anything else. Have you ever won/lost/been outbid in an auction on Ebay only to receive their email notification 2 days later? It's neither fair nor right, but it is sometimes the nature of the "Ebay Beast."