What would you do in this situation?

[Filter81]

To anyone who sells comics on eBay frequently I would like to know what you would do in this situation. (Be warned its long and complicated) I wonder if maybe I am too angry to look at the situation fairly, and I want to make sure that I do the right thing.

 

Last year somebody bought a few books from me. A Hulk 1-6 for around $2,000. The #1 was real low grade, but the #2 was really nice and the 3-6 were all ok.

 

The transaction went well and the buyer asked what other books I had. At the time I was ready and willing to sell just about anything in my collection because I had been having a few health problems and had been unable to work for a while and I was getting just a little desperate trying to figure out how to pay the bills. By the time we were done talking, I had put aside about $50,000 in comics from my collection that he had told me he wanted to buy. He was going to need to pay for the books over time but he was going to be able to pay a reasonable down payment, which was going to help me out alot. We drafted up a legal contract and everything. Well the weeks and then months dragged on and he never made a single payment. He kept making excuses, until finally after about 5 months he just stopped responding at all. When I called him to find out what was going on, he just flat out hung up on me without a word. While I was holding onto the books for him I received a number of offers on some of them that were as good or better than his but I held onto the books for him because he told me he wanted them very badly and I wanted to do the right thing since I had agreed to reserve them for him. (Yeah, stupid on my part I guess) By the time he hung up on me and I was sure he had just been playing me all that time the other offers were no longer on the table, and I was so desperate to raise the money I needed I ended up selling the books very quickly, in many cases to dealers, at pretty major losses. As a result this guy cost me about $8,000.

 

Six months go by and suddenly I receive an E-mail from this guy. Apparantly he sent the low-grade Hulk 1 I sold him into the CGC and it had some very slight color touch on it that I hadn't been able to see (or so he says) and now he wants me to send him his money back. He can't return the books because apparantly he ripped the cover to the Hulk #2 (the most valuable book in the set) off by accident. So I'm assuming he just wants a partial refund while being able to keep the set. (I don't want to take them back with the nicest book in the set damaged) In light of the fact that he cost me $8,000 and has lied to me numerous times in the past should I tell this guy to get lost? Or do I have an ethical responsibility to work out some sort of a refund with him?

 

Under normal circumstances if a book I sell ended up having some restoration that I wasn't able to detect (and lets face it if you sell enough books and the restoration is slight enough there's bound to be one or two times where the CGC catches something you don't) I would give a refund for sure, to me that would be a no-brainer. But considering what he cost me, the fact that I can't even be sure he's telling me the truth, and the fact that he already damaged one of the other books so I can't just take them all back, I'm not sure what to do. So far all the advice I have received on the subject has been to just ignore this guy.. What would you all do?

[osborn_fr]

I'll tell him that he made me loose $8000 so i'll accept a payment of $7500 ($8000 - $500 refund) from him...

I'm not joking. Someone who does not respect a contract should be treat like that. No ethical responsibility from you in this case. It's my point of view.

[comicmankev]

How do you know it's the book you sold him? The whole story sounds a bit fishy to me

[comicmankev]

Hey!!! We posted at the exact same minute

[osborn_fr]

Now, go back to work !

[comicmankev]

Work Shmurk

 

 

Whats MCG

[awe4one]

Get proof that CGC found resto (I assumed the book's slabbed?). Also ensure that it's the same book you sold. Settle on a payment for the Hulk #1 only. I'd ask for the comic back also. He can keep the others.

 

I would be pretty hard nosed on the determining the price. The guy deserves no favors.

 

I alos find it real convienent that he, claims, to have damaged the best copy of the bunch.....

 

Jim

[goldust40]

Apart from the fact that this guy reneged on a deal, he now wants to return a book for specious reasons. You stated that the Hulk 1 was in very low grade. To be honest, once you get below a certain grade, a very slight color touch should cease to matter (I'm talking FA/G). Yes, I probably would've disclosed the C.T. for professional purposes, but if you put his request in context, you really should simply ignore him in precisely the same way he ignored you.

 

Not only that, but if a contract was drawn up regarding the $50,000 deal, then you have two options: go on the offensive and take him to court over his breaching of it, or, if this is too much trouble, mention this legal matter in an email and then proceed to block any further correspondence from him. I guarantee that he won't take the matter further.

 

The fact that you sold the Hulk 1-6 as a set and the best book of the run got damaged by him means that you already have no moral obligation to refund any monies at all. Leaving that aside, if you still feel ethically bound to do something remember that it would be poetic justice to ignore him.

[goldust40]

Work Shmurk

 

 

Whats MCG

 

Marvel Comics Group, foolio!!

[Aces]

Many wheels are in motion here....

 

Lets see:

 

1)He's a for having you put $50,000 worth comics aside and not even buying one of them!

You don't owe him any favors.

 

2)What was the exact grade was the Hulk?

Below 2.0 Slight(P/A) doesn't count for much.

 

3)They were sold as a lot right? I bet he did good with CGC with the others and won't tell you. (Remember he is already a proven liar!!!) Make him send you a scan of all the books and see if the 2 was damaged as he says! (A proven liar must prove he isn't lying!!!)

 

If everything is as he says then offer to buy back the Hulk 1 at high end GP for the PLOD grade. If you need someone to look it up on GP after you get the exact grade(1.8/1.5 etc...) ask me.

 

If he is hiding the fact that he did well on the other Hulks then screw him.

[Aces]

He can't return the books because apparantly he ripped the cover to the Hulk #2 (the most valuable book in the set) off by accident.

 

The more I think about it the more I'm sure he is lying.

 

I mean the first I would do after getting a nice (FVF?) Hulk 2 is rip the damn cover off right!?

[Filter81]

Thanks for the quick responses! I was also wondering if the Hulk 1 he would end up sending me back would be the same one I sold him or not... I wouldn't be surprised if it was switched with another. Ultimately I had decided I was just going to ignore him exactly the same way he did to me... There seemed to be some justice in that. But in the 3 days since I received his original E-mail he has already sent me 5 additional E-mails, each more threatening than the last. Finally about an hour ago I decided I'd had enough and told him where he could stick his refund. I did tell him I would do some sort of squaretrade dispute resolution if he wanted but I refused to deal with him directly after what happened last time. I figured I'd check here though to make sure I wasn't being unreasonable.

[thunderkitten]

If you had a contract drawn up, I would sue him for not fullfilling his end of it. As for the hulk, I would just tell him sorry, you didn't honor your end of the contract for the other books so I'm not going to grant any type of refund.

[comicmankev]

[tilleycs]

I'm sorry you're having to deal with this guy. He's proven that he can't be trusted to fulfill his end of a legal contract, so now he expects you to trust that the Hulk #1 that he's going to send back to you is the one you sold him. AND you're supposed to trust that he really DID rip the cover off the Hulk #2 and that's the reason he can't send it back to you??? Please.

 

This guy has proven that he can't be trusted. Bravo to you for not letting yourself get bullied into giving him back 1 red cent. You owe him absolutely nothing, which includes your time listening to his threats.

[JohnBull]

What should you do? Easy, ignore the e-mails and when he rings you, hang up on him.

[r100comics]

I bet he did good with CGC with the others and won't tell you. (Remember he is already a proven liar!!!) Make him send you a scan of all the books and see if the 2 was damaged as he says! (A proven liar must prove he isn't lying!!!)

 

If everything is as he says then offer to buy back the Hulk 1 at high end GP for the PLOD grade. If you need someone to look it up on GP after you get the exact grade(1.8/1.5 etc...) ask me.

 

If he is hiding the fact that he did well on the other Hulks then screw him.

 

This response hits the nail on the head for me.

 

The other matter re: the $50,000 non-purchase is a separate issue. If you wish to pursue that, you are always free to do so separately via legal channels.

[kahml]

You do have two very separate and distinct issues here.

 

1. Your eBay transaction. What was the wording you used in your Hulk listing(s)? Did you make any mention of a refund (full, partial, or unconditional)?

 

If not, then you have no further responsibility here.

 

If you did, then you should:

 

a. Rethink how you phrase this for future auctions.

b. Determine what you want to offer as a form of recompense - despite this guy being an idjit.

 

2. Your "offline" transaction. You say your drafted a contract. OK, did both of you sign it?

 

If so, then he owes you the money and you owe him the books. If he didn't pay, then you can - if you want to sell the books - pursue the idjit in court. Note that he can also demand the books based on the contract - and if you don't have them to sell, well....

 

If both of you didn't sign it, then it is time to apply the FIDO principle (F**** It, Drive On).

 

Hope that helps!

 

Larry

[delekkerste]

I'm sorry you're having to deal with this guy. He's proven that he can't be trusted to fulfill his end of a legal contract, so now he expects you to trust that the Hulk #1 that he's going to send back to you is the one you sold him. AND you're supposed to trust that he really DID rip the cover off the Hulk #2 and that's the reason he can't send it back to you??? Please.

 

This guy has proven that he can't be trusted. Bravo to you for not letting yourself get bullied into giving him back 1 red cent. You owe him absolutely nothing, which includes your time listening to his threats.

 

I totally agree with your take, TilleyCS. This guy sounds like a liar, cheat and fraud. Just proves once again how you have to be very careful dealing with people in this hobby. I, myself, have had three people renege on their word in private transactions recently. Apparently, contracts don't mean $#!t to people without any honor.

[ArAich]

What should you do? Easy, ignore the e-mails and when he rings you, hang up on him.

 

Bingo!!!...sometimes the simplest and most abrubt action is the best...write this guy off and move on...