<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever. This has been discussed on this forum extensively - if you do not believe it, contact eBay customer service, they will tell you that there is nothing you can do except leave a negative. You can give your opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right?
"Think of the Press as a great keyboard on which the Government can play" – Joseph Goebbels
"The Central Intelligence Agency owns everyone of any significance in the major media" - William Colby, former CIA director
<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever. This has been discussed on this forum extensively - if you do not believe it, contact eBay customer service, they will tell you that there is nothing you can do except leave a negative. You can give your opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right? >>
you would think this would be the case, but when you bid on something, eBay throws that whole 'your bid is a contract' verbage on the screen; apparantly there is a double standard with buyers and sellers by ole' Meg.
<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever. This has been discussed on this forum extensively - if you do not believe it, contact eBay customer service, they will tell you that there is nothing you can do except leave a negative. You can give your opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right? >>
Of course there is not - contact eBay customer service to see if a buyer can be forced to buy...
It does work both ways - the contract nonsense is to put people in the correct frame of mind, that's all. eBay cannot enforce these things. I suppose someone could start a court action, but I have never heard of one, have you?
The remedy is negative feedback and possible "account" sanctions by eBay. Nothing more, nothing less.
I do not agree with this, mind you. As a seller, I have never refused a winning bid (because I can), and as a buyer, I have always paid for my winning lots.
John
John C. Knudsen, LM ANA 2342, LM CSNS 337 SFC, US Army (Ret.) 1974-1994
I am pleased to announce that Devin Hipp of John B. Hamrick & Co. has offered to complete our transaction in accordance with the terms of their ebay auction, and I have accepted his offer.
My thanks to the many forum members who have commented on this matter. I am proud to be a member of this influential body; it is a pleasure to be associated with so many fine people. -Preussen
"Illegitimis non carborundum" -General Joseph Stilwell. See my auctions
From a purely legal view in 49 states and the federal enclaves such as D.C., a contract binding on both parties is complete when the auction hammer falls - which in the case of EBay is when the auction time expires. (I assume it is in Lousiana too, but their legal system is based on the Napoleanic Code and not the English Common Law, so I can't be sure.)
From a practical point of view, unless the buyer and seller are local to each other, or the value of the item is very high (think $50K+), either side can walk away from the deal without consequences other than feedback, NARUing, etc., simply because of the economic impossibility of judicial proceedings.
However, I can assure you that people do go to Small Claims Court against counterparties who can be served for proceedings geographically close to the Plaintiff, as I have personally observed such litigation. The well-prepared Plaintiff who can produce evidence in court that a deal was struck and not lived up to wins his/her case.
Good news Steve...however, I doubt that this will temper the underlying problem that will undoubtedly continue to exist. I, for one, will never purchase anything from these people.
<< <i>Good news Steve...however, I doubt that this will temper the underlying problem that will undoubtedly continue to exist. I, for one, will never purchase anything from these people. >>
Thanks; I also doubt that much has been resolved, but one can hope. I felt that after all the fuss, accepting the coin per the auction terms was the right thing for me to do. Once this transaction is completed, there will be no more with this seller. -Preussen
"Illegitimis non carborundum" -General Joseph Stilwell. See my auctions
I will never deal with these people and as an aside, have you noticed the number of PNG members who have been caught with their hands in the cookie jar lately? Hmmmmmmm
Glad to see you got the coin at the price you deserved.
It's nice to see that these "dealers" might actually realize one small act can ruin their reputation. You screw up, you make it right. I'm especially sad to see how the OP was treated in these e-mails. That's crap you expect from a pawn shop or someone at a flea-market, not a "dealer" who is trying to represent their company as being honest, good hearted, blah blah blah.
WTB: Eric Plunk cards, jersey (signed or unsigned), and autographs. Basically anything related to him
I am glad for Steve. I rec'd my 1933-G 2 Reichsmark today (PCGS MS62) As I stated earlier I paid the shipping and asked for a refund on the obvious mistake since I had not gotten any responses to the messages I sent to the seller (dummy me)! The coin was shipped the same day as the response posted here by Devin Hipp, there was not even a note, not even an acknowledgment of the note that I included with the money order or of any the messages that were not responded to that I mentioned on the note. For someone who was supposed to personally oversee all of their eBay correspondence, I was disappointed. Even a voucher good for free shipping on a future purchase would have been a nice gesture, but one I would not use as I am done dealing with them after this fiasco. BTW, the postage with insurance was 3.52 plus the cost of a bubble envelope. Shipping was excessive in my mind, even more so since it was advertised as free. Also, there was an adhesive label on the PCGS holder which left glue residue when I peeled it off. Acetone is my first choice on metal and glass but I don't think this would be such a hot idea on a plastic slab. Any ideas on how to remove this crap without harming the holder? I am open for suggestions.
-------------------------------------------------------------------------------- See what's free at AOL.com.
Democracy is two wolves and a lamb voting on what to have for lunch. Freedom is a well armed lamb contesting that vote. Benjamin Franklin - 1779
1836 Capped Liberty dime. My oldest US detecting find so far. I dig almost every signal I get for the most part. Go figure...
For the label problem use Goo Gone. It will remove the residue and won't hurt the slab. Do not let the Goo Gone get around the seam of the slab. If there are any opening in the seam it will be drawn in and you won't be able to get it out.
Comments
<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever.
This has been discussed on this forum extensively - if you do not believe it, contact eBay customer
service, they will tell you that there is nothing you can do except leave a negative. You can give your
opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the
sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right?
"The Central Intelligence Agency owns everyone of any significance in the major media" - William Colby, former CIA director
<< <i>
<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever.
This has been discussed on this forum extensively - if you do not believe it, contact eBay customer
service, they will tell you that there is nothing you can do except leave a negative. You can give your
opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the
sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right? >>
you would think this would be the case, but when you bid on something, eBay throws that whole 'your bid is a contract' verbage on the screen; apparantly there is a double standard with buyers and sellers by ole' Meg.
<< <i>
<< <i>Bottom line is that no seller is required to sell to a buyer on eBay, ever.
This has been discussed on this forum extensively - if you do not believe it, contact eBay customer
service, they will tell you that there is nothing you can do except leave a negative. You can give your
opinion about it being a legal contract, blah, blah, blah, but I have not heard of court cases for the
sale of $50 coins, have you? >>
Interesting.
Since there is no obligation on the part of the seller to sell, then I take it there is similarly no obligation on the part of the high bidder to buy.
After all, fair is fair, right? >>
Of course there is not - contact eBay customer service to see if a buyer can be forced to buy...
It does work both ways - the contract nonsense is to put people in the correct frame of mind, that's all.
eBay cannot enforce these things. I suppose someone could start a court action, but I have never heard
of one, have you?
The remedy is negative feedback and possible "account" sanctions by eBay. Nothing more, nothing less.
I do not agree with this, mind you. As a seller, I have never refused a winning bid (because I can), and as a buyer,
I have always paid for my winning lots.
John
SFC, US Army (Ret.) 1974-1994
I am pleased to announce that Devin Hipp of John B. Hamrick & Co. has offered to complete our transaction in accordance with the terms of their ebay auction, and I have accepted his offer.
My thanks to the many forum members who have commented on this matter. I am proud to be a member of this influential body; it is a pleasure to be associated with so many fine people. -Preussen
From a practical point of view, unless the buyer and seller are local to each other, or the value of the item is very high (think $50K+), either side can walk away from the deal without consequences other than feedback, NARUing, etc., simply because of the economic impossibility of judicial proceedings.
However, I can assure you that people do go to Small Claims Court against counterparties who can be served for proceedings geographically close to the Plaintiff, as I have personally observed such litigation. The well-prepared Plaintiff who can produce evidence in court that a deal was struck and not lived up to wins his/her case.
Experience the World through Numismatics...it's more than you can imagine.
karlgoetzmedals.com
secessionistmedals.com
<< <i>Good news Steve...however, I doubt that this will temper the underlying problem that will undoubtedly continue to exist. I, for one, will never purchase anything from these people. >>
Thanks; I also doubt that much has been resolved, but one can hope. I felt that after all the fuss, accepting the coin per the auction terms was the right thing for me to do. Once this transaction is completed, there will be no more with this seller. -Preussen
<< <i>Glad this had a decent ending Preussen... hope you ended up with the film rights
My Website
"Everything I have is for sale except for my wife and my dog....and I'm not sure about one of them."
It's nice to see that these "dealers" might actually realize one small act can ruin their reputation. You screw up, you make it right. I'm especially sad to see how the OP was treated in these e-mails. That's crap you expect from a pawn shop or someone at a flea-market, not a "dealer" who is trying to represent their company as being honest, good hearted, blah blah blah.
Positive BST: WhiteThunder (x2), Ajaan, onefasttalon, mirabela, Wizard1, cucamongacoin, mccardguy1
Negative BST: NONE!
--------------------------------------------------------------------------------
See what's free at AOL.com.
1836 Capped Liberty
dime. My oldest US
detecting find so far.
I dig almost every
signal I get for the most
part. Go figure...
Rick
1836 Capped Liberty
dime. My oldest US
detecting find so far.
I dig almost every
signal I get for the most
part. Go figure...