Won by BIN... Now seller said listing error wants more $$
Snowball
Posts: 361
What would you do with this.
I really wanted the card.
Seller place it on a Buy It Now for $85. and the next day I got an email from her stating there was a listing error.
Seller's message:
<< <i>there was an error in the list the buy it now is
145.00 not 85.00 by mistake if your still intrested
plmk if not i'll have to relist sorry for error thx >>
I really wanted the card.
Seller place it on a Buy It Now for $85. and the next day I got an email from her stating there was a listing error.
Seller's message:
<< <i>there was an error in the list the buy it now is
145.00 not 85.00 by mistake if your still intrested
plmk if not i'll have to relist sorry for error thx >>
RIP Snow
0
Comments
TheRoach
Of course, if the BIN price was $100 for a $1000 card, that might be a different story..
"
" Go ahead and get your fancy barely visible cell phones that get the internet, play DVD's, and can speak 5 languages. As for me and my Atari cell phone it works, it weighs 7 pounds, it is 14 inches long, and it looks like I could call in an airstrike from a remote desert it is so large!"
Our current ebay auctions, and of course BaseBallCardHeaven.com
Most probable reason for telling me that it was a listing error is that she found out that the card is expensive.
I really wanted the card. I've been collecting his RCs. Since it's sp/25, I'll probably just pay and just give a neg or neutral statingI paid $145 and she refuse to sell at BIN price of $85. I don't mind getting a neg or neutral in return.
I don't think she will give it at $85.99
What do you guys think?
DO NOT LET HER HAVE THE ADDITIONAL $60 OR SO. Imagine if the shoe was on the other foot. They would not let you slide. They would be demanding the card for the price they paid. trust me.
You tell him/her that you are going to send the $$$ that you owe ($85), and you exepect the card. Only 2 things could happen. They refund your $$$, or they just never send the card but keep the $$$ and say that they sent it out. Ask for insurance and tracking info if they do agree to the original price. It may cost a bit more, but it will be well worth it.
TheRoach
<< <i>So wait, you are saying that you are going to give her the $145 and possibly receive a neg from her after you leave one? Are you drunk right now? They have to honor the price. It's that simple.
DO NOT LET HER HAVE THE ADDITIONAL $60 OR SO. Imagine if the shoe was on the other foot. They would not let you slide. They would be demanding the card for the price they paid. trust me.
You tell him/her that you are going to send the $$$ that you owe ($85), and you exepect the card. Only 2 things could happen. They refund your $$$, or they just never send the card but keep the $$$ and say that they sent it out. Ask for insurance and tracking info if they do agree to the original price. It may cost a bit more, but it will be well worth it.
TheRoach
OK, I'll pay her $85.99 through paypal + s/h/full ins and see what happens next.
this happened to a guy on the Beckett boards where he bought a Nolan Ryan auto for $15 BIN and the seller said it was supposed to be $150 BIN
seller basically told him pigs would fly before he got the card
Let them know that if they turn down your final counter-offer, you will pursue the matter for the agreed BIN purchase price with e-bay and that you will also be leaving negative feedback.
Hold her to her BIN price. She should honor her mistake.
Link
I'd let it go. The seller obviously doesn't care about negs, but you should. Your feedback is a pristine 16, which would be utterly destroyed with a neg (albeit retaliatory) at such an early point.
<< <i>Is this the card?
Link
I'd let it go. The seller obviously doesn't care about negs, but you should. Your feedback is a pristine 16, which would be utterly destroyed with a neg (albeit retaliatory) at such an early point. >>
Yes that's the auction.
That's what I'd do, with emphasis on the porn.
Jason
Our current ebay auctions, and of course BaseBallCardHeaven.com
<< <i>Pay the $145 but ask her to throw in the Scarface, Ocean's Eleven, and Pink Floyd DVD's she has up for sale as well as a few porn DVD's.
That's what I'd do, with emphasis on the porn.
Jason >>
Pay $145 and ask her for the Pink Floyd.
HOF Quarterbacks Football
Texas Heat Wave
The seller is clearly in the wrong. Alert ebay right now. I would be hesitant to buy this card simply because she is not an honorable person, obviously. She could politely ask you to forgive the mistake, but she should not feel entitled to not following through on the binding contract in which the mistake was all hers.
You have not had many ebay transactions and I remember you bringing up problems with the strangest sellers before. That is way too many bad apples to deal with.
BST: Tennessebanker, Downtown1974, LarkinCollector, nendee
Can you complain to eBay? Sure. They won't do anything.
Can you send the $80? Sure. You'll get a refund.
Realistically, you're not going to take the seller to court, and even if you did, it wouldn't be financially feasable to do so.
You have two choices. BUy the card at their price of $145 or try to negotiate and run the risk of not buying it at all.
Good luck.
Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
"All evil needs to triumph is for good men to do nothing."
<< <i>A contract only exists where there is a meeting of the minds. In this case, the seller's BIN was incorrect -- a mechanical error will not bind the seller in a court of law. Since the seller did not intend to sell for that price, there was no meeting of the minds. You may not like it, but there's not much that can be done.
Can you complain to eBay? Sure. They won't do anything.
Can you send the $80? Sure. You'll get a refund.
Realistically, you're not going to take the seller to court, and even if you did, it wouldn't be financially feasable to do so.
You have two choices. BUy the card at their price of $145 or try to negotiate and run the risk of not buying it at all.
Good luck. >>
<< <i>What I see happening is you go to court, you say you did the BIN, and she wanted more $ when she found out it was worth more. She will say she meant to put $145 and a greedy leech tried to take advantage of her mistake. It probably would not even get to court for the simple fact it is for such a small amount of $. Some cities have a minimum shoplifting amount befor you get arrested. You could steal $5.00 worth of stuff, but they will not arrest you until you steal $33.00 worth of stuff.
<< <i>A contract only exists where there is a meeting of the minds. In this case, the seller's BIN was incorrect -- a mechanical error will not bind the seller in a court of law. Since the seller did not intend to sell for that price, there was no meeting of the minds. You may not like it, but there's not much that can be done. Can you complain to eBay? Sure. They won't do anything. Can you send the $80? Sure. You'll get a refund. Realistically, you're not going to take the seller to court, and even if you did, it wouldn't be financially feasable to do so. You have two choices. BUy the card at their price of $145 or try to negotiate and run the risk of not buying it at all. Good luck. >>
>>
There are jurisdictional issues. There are also court costs. You likekly do not have personal jurisdiction over the seller in your state court. Further, court costs are likely $100. Not quite worth going after, now is it?
Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
<< <i>meeting of the minds??? how do u know what was in her mind when she placed that item up for auction? for all we know she thought she was getting top dollar at the time only to realise later that she could have sold it for more.....hell i did just that last week with 3 mars attacks cards. I sent then to the buyers and lost (on paper) 40 bucks.......no biggie i still have my health....do i agree with you that nothing can be done? I do. Best thing to do is alert ebay That this transaction was voided due to the seller refusing to honor the auction. and move on I am sure their will be others...my 2 cents >>
You find it necessary to reply to EVERY thread, don't you? In a month you have 600 posts while in 2+ years, I have less than 100.
In any event, the seller will clearly state, and has stated, that it was a mistake. As such, no meeting of the minds. As such, no contract.
Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
I would pay her the $85 through PayPal. If she refuses to accept it, leave her a blistering negative.
Meanwhile, I think it might be helpful if several of us emailed the seller and told her we are watching to see whether she completes the transaction for the price she offered it at, and that we will let people know she's a bad seller if she doesn't.
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
I see no problem with that.
In any event, the seller will clearly state, and has stated, that it was a mistake. As such, no meeting of the minds. As such, no contract.>
edited to say simply this: I don't think our minds have met, can you please expand on your first quoted comment?
as for the second: that sir is your opinion, others can difer.
Here's the way it should work - Bill Henderson posted a Musial card last week with a very low buy it now - I was lucky enough to see the auction when it was just a couple of hours old and I didn't hesitate to hit the BIN. I called him the next day to finalize the deal, he noted that I didn't waste anytime on that auction, and we both HAD A GOOD LAUGH - and my card is on its way to me. This is a hobby and a world of people, whether we all collect cards or posies - and karma still exists. Forgive me for trumpeting what I believe to be the high road here, but what's a life worth when someone sh*ts on someone else for $60 and trashes their own moral ethical worth? Each of us has to do our bit to get this world back on the right course.
"All evil needs to triumph is for good men to do nothing."
BST: Tennessebanker, Downtown1974, LarkinCollector, nendee
Faith without Works is Dead
"All evil needs to triumph is for good men to do nothing."
The seller had ample opportunity to review the listing before final submission to ebay. Its hard to believe mechanical error is an issue here unless somebody switched the number keys on her keyboard.
I would paypal the $85. Threaten her with a neg and an ebay investigation. Then I'd threaten legal action, and hope that the seller really thought I might do it. The idea is to make it seem cheaper to just send you the card rather than fight some long drawn out battle over it.
Under no circumstance would I send $145 no matter how much I wanted the card. If you did you wouldn't be entitled to what little protection ebay provides. And if the seller won't honor a contract made with a 3rd party, it seems doubtful she would honor this one.
Good luck
Chris
<< <i>Snowball,
The seller is clearly in the wrong. Alert ebay right now. I would be hesitant to buy this card simply because she is not an honorable person, obviously. She could politely ask you to forgive the mistake, but she should not feel entitled to not following through on the binding contract in which the mistake was all hers.
You have not had many ebay transactions and I remember you bringing up problems with the strangest sellers before. That is way too many bad apples to deal with. >>
DG, you remember. That's on the other ID. This ID, I mainly use on ebay community board. I started using this more often after that incident. That seller was a nightmare! She had another like that (after that incident) but made that neg. disappear through square trade. There must be a neg removal fee sale on SQ for members that time. I reported her to ebay. She stopped harassing me. No more threats. I did received an email from her recently through sq. trade but I never bother to open/access to read her message.
That 3-4 weeks of horror felt like months of horror.
<< <i>Jmn - few people will believe the seller's claim that putting down $85 instead of $145 was a simple mistake. $14.5 would be a mistake. $14 would be a mistake. $135 could be a mistake. $45 could be a mistake. But no one accidentally types in $85 instead of $145. I would pay her the $85 through PayPal. If she refuses to accept it, leave her a blistering negative. Meanwhile, I think it might be helpful if several of us emailed the seller and told her we are watching to see whether she completes the transaction for the price she offered it at, and that we will let people know she's a bad seller if she doesn't. Nick >>
Don't get me wrong; it's pretty clear the seller is trying to squeeze an extra 60 (although it's odd that it's $145... I would have tried $185, much more believable) out of the buyer. However, if the seller pleads that it was an error, there is a dispute as to whether there is truly a meeting of the minds.
Now, this is FAR too much work and too time consuming for 2 attorneys, a defendant, a plantiff, and a judge (or God forbid, a jury) to deal with -- $60 -- but, my only point is, which is essentially moot -- the seller DOES have an argument. Albeit, not a good one.
All that being said, the seller appears kinda scummy here too.
Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
<< <i>>You find it necessary to reply to EVERY thread, don't you? In a month you have 600 posts while in 2+ years, I have less than 100. In any event, the seller will clearly state, and has stated, that it was a mistake. As such, no meeting of the minds. As such, no contract.> edited to say simply this: I don't think our minds have met, can you please expand on your first quoted comment? as for the second: that sir is your opinion, others can difer.
Perhaps you don't get enough attention in the real world. It's not necessary to add 2 word posts to each thread. Is that enough expansion?
I don't come onto this board to get into arguments, nor do I appreciate 'private message' threats from you. Continuing to show your maturity level. Sad, really.
What part of basic contract law do you not understand? For a contract, there must be offer + acceptance. There was clearly acceptance, hwoever, if the offer is flawed, then there technically is no offer and no meeting of the minds.
Collecting Bowman Chrome Phillies Rookie Cards and Mike Schmidt certified auto cards.
<< <i> In the U.S., the elements are (1) mutual assent, (2) consideration, (3) capacity of the parties, and (4) a lawful object. (American Law Institute, >>
JM - hey thanx for bringing this stuff up - I always wanted to know what constitutes a Contract:
1. mutual assent - both agree
2. consideration - something of value quid pro quo (exchange)
3. capacity of the parties - the competency of the two (like two nuts in a bowl?)
4. lawful object- purpose or end
Is this correct so far? Is there a lawyer in the house!
<< <i>You find it necessary to reply to EVERY thread, don't you? >>
Win shows a tremendous capacity for communication - I like that! But, then again I post a lot too - I guess that means me and Win have formulated a contract with the PSA board people with whom I myself have had a great time with over the past few months!!!
Mike
<< <i>What part of basic contract law do you not understand? >>
The part that says "every person discussing an ebay auction on an internet discussion forum must have first watched every episode of Law & Order at least twice."
<< <i>For a contract, there must be offer + acceptance. There was clearly acceptance, hwoever, if the offer is flawed, then there technically is no offer and no meeting of the minds. >>
The offer must have been reviewed prior to submission, and was likely apparent to the seller under the "items I'm selling" column as well. Thus the seller submitted the auction, reviewed it, had further opportunity to cancel it, but only after it sold discovered that it was listed too cheaply... By your logic there is no clear acceptance either - maybe the buyer thought he was getting the card for 85 cents but suffered some "mechanical error" along the way.
Then again, maybe ebay is simply a meeting of the mindless.
Chris
<< <i>Then again, maybe ebay is simply a meeting of the mindless. >>
Chris
That was a good one!!! That was my point on putting up the stuff on contract - heck I wouldn't know a contract if it bit me in the ass! I was just discussing this - how do we not know that if someone:
a. conducts an auction period.
b. someone places a bid period.
c. this constitutes 'meeting of the minds' and thus satisfies a legal contract.
What do ya think?
Matlock
"what message board???
i was a type "o" and I'm sticking to it
thx for the message"
I'm not adept at translating gibberish....i was a type "o"? typo? OH - it was a typo!!!!
what a loser - I'm sorry for being such a kneejerk in my old age, but people like this make me sick.
"All evil needs to triumph is for good men to do nothing."
Jmn - I don't think we really disagree on that much. Unless the seller is local to the buyer, suing over $60 (even in a small claims court) is not a recommended use of one's time. If the seller were local, however, I think that a judge (since you're not going to have a jury in a small claims case) would not find the seller's story believable at a trial, and I do agree that claiming $185 was the intended price would have worked far better for the seller and might well be believed.
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
Don't give her an extra penny...
Call eBay (408) 558-7400 (San Jose, CA.)
Ask for Safe Harbor assistance.
Good luck!!!
Larry
email....emards4457@msn.com
CHEERS!!
Now she said I was not polite because I brought it up in a message board.
I was asking opinion not bad mouthing her.
"All evil needs to triumph is for good men to do nothing."
<< <i>Is there anything I can do to make ammends? >>
Mark
Very Classy - you're someone I can trust!
Mike