Advice on how to collect art bought and paid for on ebay??

[westform]

So, I win an auction on ebay. The usual way; wait a week and bid the highest. A couple days later I pay via paypal. Seems simple.

 

Ahh, but then the seller tells me he was mistaken and doesn't actually have possession of the cover... it is on loan to a museum show. Sorry for the mistake and he will refund my money.

 

Hmm, unfortunately I've been down this road before. Maybe we all have. So, I remind him we have a contract and that he should produce or offer up a substitute I would be happy with. Am I wrong?

 

He thinks so. He is of course at this point the 'victim' of my not understanding... plus, he's been sick... won't ask the 'museum' for piece back, won't produce the piece and won't offer up another. Frankly, is offended I don't just drop it and go away.

 

By the way, still no refund. Did I mention that it takes a full day to get an email back from him each time I try. Any thoughts? I will post his ID and name if I can't work something out here.

[mister_not_so_nice]

I assume you asked the obvious question, "Did you have it in your possession when you listed a mere 7 days ago?"

 

Ask him what museum it is in. Then inform him that you have a business associate that will gladly stop by the museum, speak to the curator, and sign a receipt saying he has received the cover. I'm sure you know a collector in every major city in the U.S. that would do this for you.

 

See what kind of results that gets you.

[thehumantorch]

He's a rat and you obviously won it too cheap.

[westform]

He actually did tell me the museum and I have emailed them... no reply yet... from him or the museum.

[batman_fan]

File a complaint with Paypal, he seems to be stalling to give sufficient time to transfer out the funds potentially. Don't chance it! Contact Ebay and file a complaint. Give him negative feedback, post his info here. At this stage I doubt you will get the artwork.

[artcollector9]

Batman Fan is right.

 

You need to proceed to get your money back as soon as possible.

[comix4fun]

Batman Fan is right.

 

You need to proceed to get your money back as soon as possible.

 

 

It doesn't sound like he wants his money back.

[r1982rhoads]

It is possible that he received a better offer from another party and is trying to get out from the sale to you...that the art is at a museum might not mean anything. Soon as he gets it back, he could be shipping it out to another party... Possible???

 

 

 

[Shemp]

I remind him we have a contract and that he should produce or offer up a substitute I would be happy with. Am I wrong?

 

Yes, I think your wrong. He needs to produce the art you won or give you a refund, that's it. He does not have to offer up a substitute you would be happy with.

[Shootydog]

Your only contract is with the piece in question and even then its just a gentlemans agreement. Take your money back because you wont be getting the piece you wanted and drop the whole thing.

[westform]

Woah! Am I protected from paypal, even if he has transfered funds??? I thought I had 45 days with them.

 

I would like the piece, and I hate to be juked again... but maybe the advice here is solid. Get the money, out him, and move on.

 

I keep thinking though, that he might step up and do the right thing....

[westform]

Here's a new and slightly strange wrinkle... He refunded my money via paypal yesterday... and paypal did not send me an email. I went to look at the auction again to get the exact username for board and it was there that I learned the transaction had been reversed. Strange.

 

Nice to get my $ back but what a bum! Anyway as promised. His user id on ebay is poorlittlerichboy777‏ . He sells Harvey art. His name is Dave Holt. Has all of 1 positive feedback on ebay, hopefully I am still allowed to leave a neg. but ebay is so screwey lately who knows.

[DR.X]

Here's a new and slightly strange wrinkle... He refunded my money via paypal yesterday... and paypal did not send me an email. I went to look at the auction again to get the exact username for board and it was there that I learned the transaction had been reversed. Strange.

 

Nice to get my $ back but what a bum! Anyway as promised. His user id on ebay is poorlittlerichboy777‏ . He sells Harvey art. His name is Dave Holt. Has all of 1 positive feedback on ebay, hopefully I am still allowed to leave a neg. but ebay is so screwey lately who knows.

 

I dont follow you. The transaction was reversed? Explain if you would.

 

DRX

[westform]

Here's a new and slightly strange wrinkle... He refunded my money via paypal yesterday... and paypal did not send me an email. I went to look at the auction again to get the exact username for board and it was there that I learned the transaction had been reversed. Strange.

 

Nice to get my $ back but what a bum! Anyway as promised. His user id on ebay is poorlittlerichboy777‏ . He sells Harvey art. His name is Dave Holt. Has all of 1 positive feedback on ebay, hopefully I am still allowed to leave a neg. but ebay is so screwey lately who knows.

 

I dont follow you. The transaction was reversed? Explain if you would.

 

DRX

 

Yes, I paid via paypal, and he refunded the money. On the page of the item, it now says transaction reversed. I was able to leave neg. feedback, hopefully he can't reverse that too. No chance of getting the art now. Interestingly, the Museum in question is the MoCCa in NY. I sent them Ellen Abramowitz (the head of the museum) an email yesterday through their general email mailbox and did not receive an email back.

 

Interesting that ebay sales now are just considered a gentleman's agreement. Makes you think twice about even playing...

[DR.X]

Here's a new and slightly strange wrinkle... He refunded my money via paypal yesterday... and paypal did not send me an email. I went to look at the auction again to get the exact username for board and it was there that I learned the transaction had been reversed. Strange.

 

Nice to get my $ back but what a bum! Anyway as promised. His user id on ebay is poorlittlerichboy777‏ . He sells Harvey art. His name is Dave Holt. Has all of 1 positive feedback on ebay, hopefully I am still allowed to leave a neg. but ebay is so screwey lately who knows.

 

I dont follow you. The transaction was reversed? Explain if you would.

 

DRX

 

Yes, I paid via paypal, and he refunded the money. On the page of the item, it now says transaction reversed. I was able to leave neg. feedback, hopefully he can't reverse that too. No chance of getting the art now. Interestingly, the Museum in question is the MoCCa in NY. I sent them Ellen Abramowitz (the head of the museum) an email yesterday through their general email mailbox and did not receive an email back.

 

Interesting that ebay sales now are just considered a gentleman's agreement. Makes you think twice about even playing...

 

Thanks for the info. I'm glad you got your money back. Im in a dispute myself. I hope Im as fortunate.

 

DRX

[Dumur]

Guess I'm the devil's advocate here. I wouldn't leave a negative feedback on something like that. A neutral maybe, but you really have to screw up for me to leave a negative. This to me would be a neutral, only because I wouldn't be out anything. Don't get me wrong, I'd be pissed and likely never bid on anything the person had again, but at least you got your money back. In my early days of ebay, when I still trusted every seller, I would get stalled with promises until it was too late to file anything with ebay. At least this person took the initiative with the refund. Again, don't get me wrong, you have every right to be pissed and probably should have left a neg feedback...I'm just a wimp.

 

Too bad this didn't happen last week. I was just at the Mocca last week to see the Watchmen exhibit and there was indeed a fairly large HARVEY exhibit as well so if you could have listed a picture, I could have seen if the piece was indeed at the Mocca. In fact, there must be someone on this board from New York who could actually go check for you if the piece is there. Do you still have a scan or photo of the piece in the auction you won? It may jar my memory, but also, someone here may be able to help you out...at least give some closure of some sort.

[comix4fun]

I remind him we have a contract and that he should produce or offer up a substitute I would be happy with. Am I wrong?

 

Yes, I think your wrong. He needs to produce the art you won or give you a refund, that's it. He does not have to offer up a substitute you would be happy with.

 

 

Unless, of course, you are familiar with the concept of "specific performance" as it pertains to unique or one-of-a-kind items. The law doesn't allow for breach of contract for cold feet or feeling that it was sold for less than perceived value.

 

He has to pony up the piece for which they contracted and for which Dan performed fully, only if the piece is destroyed unintentionally or lost would a refund be the only recourse.

 

Offering Dan a substitute is a way for the buyer to get relative value from the transaction and prevents the seller from breaching the contract because of cold feet or unhappiness over the final value.

 

C

[Claudio]

I wouldn't leave a negative feedback on something like that. A neutral maybe, but you really have to screw up for me to leave a negative.

He doesn't want to deliver the art?? I would hit him with a neg even if he did refund my money. He's not a thief but he isn't trustworthy either.

[comix4fun]

Your only contract is with the piece in question and even then its just a gentlemans agreement. Take your money back because you wont be getting the piece you wanted and drop the whole thing.

 

 

Paypal auctions are not gentlemen's agreements, they are binding legal contracts. They have offer, acceptance, consideration and performance (in this case) by one or more parties.

 

This is not two guys talking in the street without a paper trail. They are legally bound to each other.

 

C

[westform]

Here is a link to the auction:

 

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ssPageName=STRK:MEWNX:IT&item=220385069659

 

Chris; any chance of me pressuring him further to make good? Or should I moveon.com...?

 

It does irk me....