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Ethical Dilemma. HELP!!!

ShamikaShamika Posts: 18,785 ✭✭✭✭
Okay guys and girls, I need your help with regards to an ethical dilemma.

Last week, I purchased a 1936-D PCGS MS66 Buffalo nickel for $110 from a MAJOR internet coin dealer/auction house that for the sake of this thread we will call "Hermitage". This coin was purchased from their regular inventory so no bidding was necessary. Anyone familiar with this series will immediately recognize that the price is more inline with an MS65, NOT an MS66. An MS66 should retail for $200-$240.

Anyway, I received an email from "Hermitage" yesterday regarding my recent purchase with a request to contact them as soon as possible. Clearly, they have discovered their error in pricing this coin. My question is this: assuming they will try to renege on my purchase, should I make a big stink about it and demand they honor the original price that they charged me?

Although none of the following information should be relevant, I'm going to include it since most dealers would take it under consideration:

1. I have purchased ~$15,000 in coins from "Hermitage" in the past three years. I realize this doesn't make me a major customer, but it's not chump change for me.
2. The coin was clearly labeled MS66 in the heading of their inventory and was photographed as such.
3. I plan on putting the coin in my permanent collection per the want list that I had on file with "Hermitage". I DID NOT buy this coin planning to resell it at the expense of "Hermitage".

Also, before you answer, consider this: what do you think "Hermitage" would have done if they had mistakenly priced the coin as MS67 and I had paid for it without complaint? Would they contact me informing that they had made a mistake and would reimburse me the difference?

Generally, I'm a very nice guy. I don't complain when coins received are less than expected. If I have to wait a little longer than usual, I'm patient. And I'll gladly pay a premium for PQ coins. I just feel that when "Hermitage" accepted my credit card and sent an email thanking me for my recent purchase, the deal was done.

What do you think?

Buyer and seller of vintage coin boards!
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Comments

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    Do they have any others? image
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    yes, not only should Heritage (i mean hermitage), sell the coin at the 110, but they LEGALLY HAVE TO.
    Retail coin dealers, the only people who can buy a $10 coin for $2, and sell it for $30.
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    We've made mistaked before and never try to fix it. I sold a $500 coin to a regular customer of ours for $50. No harm no foul, we later bought it back from him for $450.
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    nwcsnwcs Posts: 13,386 ✭✭✭
    From what I remember of the law, you bought it at their price and they have to honor it. Personally, I might meet them half way or something and see if they will offer something nice for your trouble. Like perhaps a lower commission cost on coins you sell through them or buy from them at auction.
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    You paid for it, therby, it should be yours. We all make mistakes and we all should learn to live by them....Ken
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    ldhairldhair Posts: 7,444 ✭✭✭✭✭
    Reply to the email and see whats up.
    You might get more info to base your decision on.image
    Larry

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    ERER Posts: 7,345
    IT'S YOUR COIN!
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    ldhairldhair Posts: 7,444 ✭✭✭✭✭
    I forgot to say, they may not own the coin.
    Larry

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    RussRuss Posts: 48,514 ✭✭✭
    There is no law anywhere that says an internet vendor is legally required to honor a typo. Where do you people get this stuff? Ethically and morally and from a customer relations standpoint, maybe. But legally? Certainly not.

    Russ, NCNE
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    mdwoodsmdwoods Posts: 5,560 ✭✭✭
    It sounds like they made an honest mistake. I would hope they would offer the coin at their costs. I would not feel right
    taking advantage of an honest mistake. mdwoods
    National Register Of Big Trees

    We'll use our hands and hearts and if we must we'll use our heads.
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    Catch22Catch22 Posts: 1,086 ✭✭
    What MDWOODS said.


    When we are planning for posterity, we ought to remember that virtue is not hereditary.

    Thomas Paine
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    ShamikaShamika Posts: 18,785 ✭✭✭✭
    Actually, looking at their email, they have "Pricing Error" in the subject line so this must be the issue they are concerned about.

    Buyer and seller of vintage coin boards!
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    LucyBopLucyBop Posts: 14,001 ✭✭✭
    A person listed some Frankies on the bst board and had a very killer price on a 62p ms64fbl Frankie.... the price was to good, I pm'd him.... if thats your price, i'm in..... but we both knew that it was a typo... he fixed it and still has a decent price on the coin..
    imageBe Bop A Lula!!
    "Senorita HepKitty"
    "I want a real cool Kitty from Hepcat City, to stay in step with me" - Bill Carter
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    nalamolly5nalamolly5 Posts: 671 ✭✭
    I AGREE, IF IT WAS AN HONEST MISTAKE, WHY JEOPARDIZE A GOOD RELATIONSHIP? YOU ARE PROBABLY ENTITLED TO THE COIN AT YOUR PRICE, I WOULD HEAR WHAT THEY HAVE TO SAY FIRST.
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    wingedlibertywingedliberty Posts: 4,805 ✭✭✭
    Yeah, I would make it right, its an honest mistake, but they should throw you a bone for their error.
    Say, a common date Morgan in 63, PCGS/NGC. Make them throw you a $30 bone. Fair is fair, but there is no Santa in numismatics.

    Brian.
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    Maybe it was on sale.

    edited to say: oops, posted too slowly

    That humanity at large will ever be able to dispense with artificial paradises seems unlikely. Most men and women lead lives at the worst so painful, and at the best so monotonous, poor, and limited, that the urge to escape, the longing to transcend themselves, if only for a few moments, is and always has been one of the principal appetites of the soul.

    Aldous Huxley

    Yabba dabba doo.

    Fred Flintstone

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    CalGoldCalGold Posts: 2,608 ✭✭
    You've already made a big stink over it by going public with it on this board before you even talked to the seller. And you did so in a manner that makes it very clear just who the seller is. So much for "ethics." For all you know, the seller would have offered you a price break so that the coin could be bought at price that will not result in a loss to the seller but would still be a good deal for you--but you did not give them that chance before airing this on the board.

    Other members have done the same, and have elicited rebuke for naming names and taking their petty squabbles public.

    Based on past threads there are two lines of opinion:

    One--the dealer should give the customer the price break to keep him happy. But that is really the seller's business decision to make.

    Two--if the seller made a mistake and the buyer knew or should have known that the price was wrong, the seller has a right to correct the price. The customer looses nothing since he is not out any money. This assumes that the buyer is not another dealer who has relied on the price to confirm a resale to his own customer at a discount to market based upon his having bought at a discount.

    I personally belive the second approach is correct. You have lost nothing if the seller corrects his error and quotes you the correct price. Your only "loss" in that case is the opportunity to take advantage of the seller's mistake and thereby inflict an economic loss on him. If you do not like the coin at the correct price, simply pass on it. That is the ethical thing to do.


    CG
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    labloverlablover Posts: 3,731 ✭✭✭✭✭
    I agree with Russ. No legal reason to sell you the coin. However, I would expect them to honor the price you paid. It's a small cost to pay for maintaining a "good" customer. You knowing the true value why not offer to split the difference? It's not necessary on your part but it seems reasonable.
    "If there are no dogs in Heaven, then when I die I want to go where they went." Will Rogers
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    ERER Posts: 7,345
    Didn't we recently have a similar situation between a forum member and David Lawrence?
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    Some of the "legal opinions" rendered here are laughable. Sadly others will remember what was incorrect and repeat it.

    Shamika, I think your purchase represents the perfect "cherry pick"!

    Heritage is a fine firm despite their many screwups and I have no doubt they will make the situation right.
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    ERER Posts: 7,345


    << <i>Heritage is a fine firm despite their many screwups and I have no doubt they will make the situation right. >>



    You mean Hermitage?image
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    Hermitage? Isn't that a fancy hotel/restaurant in Manhattan or Beverly Hills? image
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    NumisEdNumisEd Posts: 1,336
    We've made mistaked before and never try to fix it. I sold a $500 coin to a regular customer of ours for $50. No harm no foul, we later bought it back from him for $450.

    J&J, kudos to you. That's the way a retail transaction should be handled. I bet that your customer will be a lifetime customer and you will more than recover your loss on that coin.

    Russ, all that I can say to your statement is "kiss my fat a$$"
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    NumisEdNumisEd Posts: 1,336
    Shamika, you are obviously talking about Bowers & Merena based on the pseudonym of "Hermitage" that you used. image
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    ERER Posts: 7,345


    << <i>Russ, all that I can say to your statement is "kiss my fat a$$" >>



    Uh Oh! NumisEd is on the rampage!image
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    RussRuss Posts: 48,514 ✭✭✭
    Eddie is just pissed because he didn't win the guessing contest so I get to keep on calling him Eddie.

    Russ, NCNE
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    Dog97Dog97 Posts: 7,874 ✭✭✭
    If this multi-million dollar company had nit-picked me over $100 and I had done $15k worth of business with them I would send the damn thing back with a note telling them to stick it where the sun doesn't shine and quit doing business with them.
    How's that for ethics?
    Change that we can believe in is that change which is 90% silver.
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    stujoestujoe Posts: 1,510
    Ethically, I think they should honor the price and/or make it up to you in another way. Ethicaly, I think you shouldn't make a stink about it to them. Just my opinion, of course and I wonder which, if either, will happen.
    Time sure flies when you don't know what you are doing...

    CoinPeople.com || CoinWiki.com || NumisLinks.com
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    LucyBopLucyBop Posts: 14,001 ✭✭✭


    << <i>How's that for ethics? >>



    Love it when the Dog starts barking!
    imageBe Bop A Lula!!
    "Senorita HepKitty"
    "I want a real cool Kitty from Hepcat City, to stay in step with me" - Bill Carter
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    ERER Posts: 7,345


    << <i>If this multi-million dollar company had nit-picked me over $100 and I had done $15k worth of business with them I would send the damn thing back with a note telling them to stick it where the sun doesn't shine and quit doing business with them.
    How's that for ethics? >>



    Dog, YOU DA MAN! errh...DA DOG!image
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    NumisEdNumisEd Posts: 1,336
    That's okay Russ, you can call me Eddie. I legally changed my name yesterday to Eddie, so it doesn't matter anymore. Bwuahahahaha (or however you spell it).
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    coinguy1coinguy1 Posts: 13,484 ✭✭✭
    Shamika,

    At the risk of upsetting you and many of the other non-dealers here.....

    Your thread title made note of an "ethical dilemma". Ethically, for me, it is a no-brainer. Considering the coin and the grade, it was an obvious pricing error. I would not have purchased that coin at that price, knowing about the mistake. And, if I were unaware of such an error at the time of the purchase and later discovered it, I would notify the seller. I believe that is the "ethical" thing to do.

    I am not just blowing smoke here, either - I have experienced this more than once and I have let the seller (whether a collector or a dealer) know each time. And, I felt great about it, too.

    You asked

    << <i>what do you think "Hermitage" would have done if they had mistakenly priced the coin as MS67 and I had paid for it without complaint? Would they contact me informing that they had made a mistake and would reimburse me the difference >>

    I would hope and expect that you would be notified in such a case, as again, that would be the "ethical" thing to do.

    Ask yourself: 1) how you would feel and what you would do if the roles were reversed; 2) how you would feel and what you would do if the coin had mistakenly been priced as an MS67 and you were not aware of the error until later and 3) whether the money you might save on this coin is worth it, considering all of the circumstances. Hopefully, you will work things out and be at peace with your decision.
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    IrishMikeIrishMike Posts: 7,737 ✭✭✭
    CalGold said it all. I am constantly amazed with how many people believe it is ethical to prosper off an obvious mistake someone has made. What ever happened to the joy you get when you point this out to someone and save them some money or a situation like this? Lucy you said it right, point out in a nice way and end up feeling good about yourself.
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    ShamikaShamika Posts: 18,785 ✭✭✭✭
    CalGold stated:
    "You've already made a big stink over it by going public with it on this board before you even talked to the seller... but you did not give them that chance before airing this on the board."


    With regards to CalGold's comments, I have a confession to make. I already tried to contact this dealer. I was told by the person who asked me to contact her that I now needed to speak to the buyer. After being put on hold for several minutes (while I'm at work mind you), I was informed that the buyer was busy and that I should call back in 30 minutes. As I have a very long commute and would not be able to get home before they closed, I called them a half hour later. This time I was told that the person I needed to speak with had left for the day (4:20 P.M).

    Being quite upset at the run around and not being offered help by anyone else as I requested, I decided to take this issue up with The Forum.

    I am willing to consider creative alternatives, but considering the amount of business I've given this dealer and the relatively paultry sum for this item, I expect they honor the deal.

    Again, do you think they would reimburse me if I knowingly overpaid for the item?
    Buyer and seller of vintage coin boards!
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    keetskeets Posts: 25,351 ✭✭✭✭✭
    hey shamika

    i kinda think you blew the oppurtunity for some good, unbiased feedback when you wimped out with the "Hermitage" pseudonym. it only invites personality into the discussion. with all that said, it is rightfully a dilemma. do the right thing.

    al h.image
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    NumisEdNumisEd Posts: 1,336
    coinguy1 (Mark) makes a very solid argument here. I have to agree. Sometimes we coin collectors beat up on dealers too much. If collectors and dealers both shared the same level of ethics.......................wouldn't this be a wonderful world???? Damn.
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    I dont think it is Heritage. They have too many people employed to tell someone that they have to talk to a buyer! I could be wrong though. image
    In an insane society, a sane person will appear to be insane.
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    dpooledpoole Posts: 5,940 ✭✭✭✭✭
    I bought a coin off the Hermitage site once that had been mistakenly underpriced. They honored the transaction although they lost money, and did not attempt to renege.
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    ShamikaShamika Posts: 18,785 ✭✭✭✭
    Yes, I did wimp out with my weak psuedonym. So I'll set the record straight. The company is Heritage (big surprise). And I'll go further by stating that I think they are an OUSTANDING COMPANY! Even if they refuse to honor the deal, I will still continue doing business with them. It's just the run around that set me off. And keep in mind, I bought this coin last week, not yesterday.

    Buyer and seller of vintage coin boards!
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    Dog97Dog97 Posts: 7,874 ✭✭✭
    >>>>>I already tried to contact this dealer. I was told by the person who asked me to contact her that I now needed to speak to the buyer. After being put on hold for several minutes (while I'm at work mind you), I was informed that the buyer was busy and that I should call back in 30 minutes. As I have a very long commute and would not be able to get home before they closed, I called them a half hour later. This time I was told that the person I needed to speak with had left for the day (4:20 P.M).>>>>>>

    WHAT?? They tell you to contact them and when you do they don't want to talk to you?
    Makes a stronger case for sending I the damn thing back with a note telling them to stick it where the sun doesn't shine and quit doing business with them.
    Change that we can believe in is that change which is 90% silver.
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    coinkatcoinkat Posts: 24,433 ✭✭✭✭✭
    The Hermitage is the name of Andrew Jackson's home in Tennessee.
    imageimageimage

    Experience the World through Numismatics...it's more than you can imagine.

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    NumisEdNumisEd Posts: 1,336
    Do you want to hear the real irony of this whole story?? This is funny. Send that SAME EXACT coin back to PCGS 2, 3 even 4 times.........you will get an MS-65, a 66, a 65 and a 64. What does it really matter? The coin is just a high end uncirculated Buffalo nickel. Let it go.
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    Hey, if they had shipped the coin, I'd say it's yours. They made a mistake,
    they caught the mistake, end of story. Would you expect a department store
    to honor a newspaper sale if a typo had items for $9.99 instead of $99.99? (I
    know that in this case, it was all internal to the company, but the same concept
    applies) Email them back (so you don't need to worry about phone waits) tell them
    that you want to clear up the confusion VIA EMAIL (so you still don't have to worry
    about phone waits) and then see what they are willing to do.
    You know the way that you would want to be treated if you had made a mistake;
    don't try to rationalize a justification that you are being cheated.
    Robert Getty - Lifetime project to complete the finest collection of 1872 dated coins.
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    ursabearursabear Posts: 1,888
    Shamika,

    You've actually stirred a good question that has had lots of really thoughtful responses. These types of situations always make me review my own feelings on the subject of relationships in the coin world.

    I think the key here seems to be one of relationships. Relationships among coin folks (dealers, buyers, collectors, etc.) are sometimes made over long periods of time and are often worth preserving. I've certainly made mistakes on pricing and have always examined my relationship with the buyer to guide me through the solution. On the "other side of the coin", I look to my relationship with the seller to help me understand how I react when I overpay or underpay for a coin by mistake.
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    On a similar note, last weekend at the GNA in Dalton I was in a very interesting discussion with a BEP employee on the coding and indexes, etc. on the full sheets. So, I decided that a full sheet of $2's would make a nice gift and forked out the cash and the employee turned away to put some other sheets back in inventory. Quickly, I decided to purchase another sheet for myself and another employee helped me. As soon as she brought the second sheet of $2's ( in a color coded tube) I realized the first employee had bagged a tube of $5's in ERROR. I immediately brought this to their attention, (she had no way of knowing that I had only purchased $2's). I was profusely thanked for my honesty and admittedly, they seemed surprised, but, more like relieved they didn't have to deal with the hassle of Fed employees coming up short on the till, yikes.. did I feel like a good guy and swell my chest...nope, I was just thinking of the agent at the end of the counter with the hardware under the coat and tie,, Hey just my $2 worth, dave
    gravity--it's the law.
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    Back when and I have sold it since I won an Ebay auction (Seller R&I Coins) for a MS67 Penn state quarter with a buy it now price of $29.99. Three weeks after I made payment and had not received the coin yet they emailed me asking me to call. I did and they stated they had improperly priced it as a PR coin and did not want to complete the transaction at the auction price. At the time they were selling on average for $120.00.

    WHAT TO DO

    Well its not worth the hassle and I settled on a price of $75.00 for which they completed the transaction. Positive feedback was left by both parties.

    Was that right of R&I Coins?

    I don't think so but I also do not think it would have been right of me to hold them to a mistake.

    So take from that experience what ever you want to make your decision.
    Bill

    The only thing necessary for evil to triumph is for good men to do nothing.
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    NumisEdNumisEd Posts: 1,336
    Dave, you are a good kid! Congratulations on your honest.
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    BarryBarry Posts: 10,100 ✭✭✭


    << <i>Hermitage? Isn't that a fancy hotel/restaurant in Manhattan or Beverly Hills? image >>


    No, it's a museum in St. Petersburg (no, not Florida!)

    And NumisEd said:
    Do you want to hear the real irony of this whole story?? This is funny. Send that SAME EXACT coin back to PCGS 2, 3 even 4 times.........you will get an MS-65, a 66, a 65 and a 64. What does it really matter? The coin is just a high end uncirculated Buffalo nickel. Let it go.

    Best comment I've read all day!
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    ShamikaShamika Posts: 18,785 ✭✭✭✭
    Wow, I'm getting some great responses here. And a few that are really making me laugh out loud.

    Buyer and seller of vintage coin boards!
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    When you are in a store and see a price marked on a item I believe they have to sell you one at that price. They do not say the sign was a typo.

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