Fraud from a seller -

[comicartfan]

So, here's the situation. I bought a book (hulk 181 f/vf) from a guy that lives near me. I paid cash and I had looked through the book and I did believe it was intact. True, I didn't realize that the Marvel Stamp was missing, I was looking for a piece missing. So, apparently the seller took the whole page out and I wasn't aware.....

 

I had someone else look at the book and they let me know it was gone. I email the seller and tell him that the book is damaged and I would like a refund. It was only 6 days ago....He tells me that he has no idea of any value stamp and I looked at the book, and he feels I bought it, all sales final.

 

So this dirtbag is refusing to refund my money and I am stuck.....I thought of possible things I can do, and I even thought of emailing everyone on his Facebook acct. and telling them the story, just the facts.....course, I don't want to get in trouble for defamation, but I am still in disbelief that he could just blantly rip me off knowing the book was damaged......

 

Any ideas ?

[Comicopolis]

Call the Cops.

 

Was this from an auction site? How did you know that he had it for sale?

[sckao]

 

Just one question:

How do you know HE KNEW the book was damaged? I.E. That he knew the Marvel Value Stamp page was missing (especially if it doesn't affect the story).

 

 

 

 

 

[comicartfan]

Well, it wasn't on an auction site. It was actually on Craig's List. He and I talked about comics, he knew ALOT of dealers, all about CGC and what not....I just took it as he was looking to move a low grade copy for a quick sale with no fees. He told me he had a CGC 9.6 Hulk 181, X men 9.4, GS XMen, etc.....He knew and I had a bad feeling about it....Stupid me

[Ares]

You did look at it in hand.

He might be thinking buyers remorse

[sckao]

I bring that up because, unfortunately, I rarely even page though the comics I buy... even from people off this messageboard. (So I conversely don't go through every single page before I sell a book... which is why I prefer selling CGC books.)

 

(NOTE: this has nothing to do with accepting returns on a trimmed/incomplete book.)

 

 

[seanfingh]

 

Did you pay FMV for a book with the stamp intact?

[Tomega]

As you said, you looked through the book before paid for it. Unfortunately, he is within his rights not to refund ( whether it is the right thing to do or not.) Buyer beware.

[comicartfan]

I know...I was thinking that too....Looks like I am stuck with it.

[seanfingh]

I know...I was thinking that too....Looks like I am stuck with it.

 

Did you pay FMV for a book with a MVS intact?

[nochips]

This is NOT fraud. You went to meet him, looked over the book, and paid him. How is that fraud? If you bought the book sight unseen you can claim fraud. It's hard to claim a crime was committed when you had a chance to view the item ahead of time? Did I miss something?

 

I do not see anything wrong here. Sorry.

[seanfingh]

This is NOT fraud. You went to meet him, looked over the book, and paid him. How is that fraud? If you bought the book sight unseen you can claim fraud. It's hard to claim a crime was committed when you had a chance to view the item ahead of time? Did I miss something?

 

I do not see anything wrong here. Sorry.

 

I'm not sure I agree, but there are a lot of variables. Did the Seller know the page was cut out? Did he make any representations to the buyer? He may also have held himself out as an expert in the field which could conceivably hold him to a higher standard, and even the duty to affirmatively disclose known defects. Definitely not cut and dry depending upon the laws of the jurisdiction.

[comix4fun]

This is NOT fraud. You went to meet him, looked over the book, and paid him. How is that fraud? If you bought the book sight unseen you can claim fraud. It's hard to claim a crime was committed when you had a chance to view the item ahead of time? Did I miss something?

 

I do not see anything wrong here. Sorry.

 

I'm not sure I agree, but there are a lot of variables. Did the Seller know the page was cut out? Did he make any representations to the buyer? He may also have held himself out as an expert in the field which could conceivably hold him to a higher standard, and even the duty to affirmatively disclose known defects. Definitely not cut and dry depending upon the laws of the jurisdiction.

 

Agreed,

 

We need to see the text of the original craig's list ad. We need to know all the assertions and claims he made about the condition of the item.

 

If he claimed the item was complete or in a certain grade and it had a hidden defect, regardless of his personal knowledge of the defect, he may have to refund the money and take back the book.

 

It will come down to the specifics of what he promised, regardless of what the buyer did upon inspection. If this item was promised as complete or in a grade that it cannot be as an incomplete book he has promised something that he did not deliver.

 

Once the hidden defect is realized and if the buyer immediately acted to rescind the deal he may be able to get his cash back.

 

Some more details are needed.

 

Best,

Chris

[Designer Toast]

Your choices are simple:

 

1. Try to work it out again with the guy.

 

2. Sue in small claims court if you think it'd be worth it.

 

3. Hatch a plan on scale with Oceans 11 to get even if you find out he knew about the stamp missing.

 

That's all I got...

[comix4fun]

Your choices are simple:

 

1. Try to work it out again with the guy.

 

2. Sue in small claims court if you think it'd be worth it.

 

3. Hatch a plan on scale with Oceans 11 to get even if you find out he knew about the stamp missing.

 

That's all I got...

 

 

Option 4

 

 

[TheShadowKnows]

Your choices are simple:

 

1. Try to work it out again with the guy.

 

2. Sue in small claims court if you think it'd be worth it.

 

3. Hatch a plan on scale with Oceans 11 to get even if you find out he knew about the stamp missing.

 

That's all I got...

 

 

Option 4

 

 

I love that option..

[RockMyAmadeus]

Always count pages.

 

Always count pages.

 

Always, always, always count pages, especially on any book you pay more than $50 for.

 

 

[seanfingh]

 

And look at back covers.

[comix4fun]

Always count pages.

 

Always count pages.

 

Always, always, always count pages, especially on any book you pay more than $50 for.

 

 

 

Or just buy OA, hard to miss a page when you are buying the page itself.

[seanfingh]

Always count pages.

 

Always count pages.

 

Always, always, always count pages, especially on any book you pay more than $50 for.

 

 

 

Or just buy OA, hard to miss a page when you are buying the page itself.

 

Thanks, KK