What would you do in this situation?

[joe_collector]

So let's cut to the bone:

 

Guy buys Hulks, expresses interest in other books.

 

You and Guy draft contract, he makes down payment (how much? - important!).

 

Guy stops paying for comics you were holding.

 

You sell books for less than Guy offered.

 

Guy wants refund on the Hulk 1 resto.

 

 

1) Are you still holding his initial down payment (how much?)? If so, have you sent him any books?

 

2) The "I lost $8K" part is inconsequential, as you sold the books at a price you agreed with and essentially broke the contract. Or to put it a different way, what if you had sold at a profit, would you mail him a check?

 

3) Any refund for the Hulk 1 MUST include him shipping back the book for your inspection.

[Aces]

He never made the first down payment.

[joe_collector]

He never made the first down payment.

 

Sorry, I must have missed that part in the mass of text.

[MK Ultra]

I would order a veggie delite on wheat.

[Mr. Zipper]

Given his track record, I'd suspect that HE color touched the Hulk 1.

[FFB]

Speaking from a strictly legal perspective, I would tell him to FOAD. Who cares about slight pro or amateur color touch on a low grade Hulk #1?

 

The only way you should give a refund is:

 

1) If he sent all the books back first;

 

2) The refund would be reduced to compensate you for the damage to the #2;

 

3) The books returned were the same ones you sent; AND most importantly,

 

4) if you thought you could resell them for even more money on ebay now.

 

If all of the above were true, only then would I give a refund.

[OldGuy]

I could post a long, overdrawn, well thought out reply, but instead I'll offer this: Tell him to go fuch himself.

[Red Hook]

I would order a veggie delite on wheat.

 

That's pretty much it. Don't give the turdlet another thought.

[burntboy]

have i EVER stated how much i hate this crapola?!?!

 

first - check your auction wording as already mentioned herein. IF you stated that there could be a refund under certain circumstances, check to see if you had stated a timeframe. (you did say this transaction occurred last year and almost no one is as open-ended as danny d in these matters).

 

if the time expired - end of story considering the total situation. if not, have him send the book to you at his expense and you decide if it is your book (also ask for a scan of the number 2 as you did sell these as a package). if you believe it is your book and it has been encapsulated, you decide what portion of the $2000 would have been for this single book and be generous to yourself (another reason to see the scan of the #2 with grading, as that might take up the lion's share of the package price).

 

then decide what resto would devalue a low-grade book by on average. (certainly no more than 50%).

 

then, if everything seems on the up and up decide if you really want to be so gracious and give this jerk anything. then block him from your bidder list so he can't buy something on the cheap just to leave you future negs.

 

have i ever stated how much i hate dishonorable people???

 

or just say it and make yourself a nice strawberry margarita on a warm and beautiful day................

[Red Hook]

I really don't think this guy is worth one micro-second of Filter's time. To start getting books mailed back and comparing etc. is ridiculous. And he TORE THE COVER OFF A BOOK BY MISTAKE? Gimme a break!

[FlamingCarrot]

I would suggest asking this fella to give you a call so you can discuss everything in detail. Once he calls, just hang up on him.

 

[AlexH]

I really don't think this guy is worth one micro-second of Filter's time. To start getting books mailed back and comparing etc. is ridiculous. And he TORE THE COVER OFF A BOOK BY MISTAKE? Gimme a break!

 

I agree. He isn't worth your time. Really, how does someone tear a cover off a book by accident? Especially one that should be treated with extra care.

 

Most likely this guy has a coverless #2 and is trying to pawn it off to you.

 

YOU OWE HIM NOTHING.

 

If it would make you feel better, draft a letter to him (in your calm voice), and say to him that since he backed out on your legal agreement, you do not see any reason to do anything for him. Just remember to keep it civil.

 

Alex

[Red Hook]

I wouldn't even bother with a letter. Cut the sucka' off, forget it. You'll just prolong your own agony.

[FFB]

I would order a veggie delite on wheat.

 

That's pretty much it. Don't give the turdlet another thought.

 

Sweet! Now Redhook is in the club! Nice!

[FFB]

I could post a long, overdrawn, well thought out reply, but instead I'll offer this: Tell him to go fuch himself.

 

Old_guy too! Our triumvirate of evil has become a multiumvirate literally overnight.

[FFB]

I would suggest asking this fella to give you a call so you can discuss everything in detail. Once he calls, just hang up on him.

 

 

I see we've lost Flaming_Carrot to the unassimilated avatar crowd, though. Ah, Flaming_Carrot -- we hardly knew ye!

[sterlingcomics]

Sorry for coming to this thread a little late.

 

Filter, first off, I'm sorry for your financial troubles and woes. Everyone deserves at least good health, and I hope that things are improving for you.

 

Now, the rest, of course, is my opinion....

 

I believe you have no legal or ethical responsibility to do ANYTHING for this clown.

 

1. He breached a contract (assuming he signed)--paging FFB? I agree with the others that this is a separate issue. HOWEVER, I don't think we should pass a blind eye to his ethical behavior. Pursue legal avenues if the conditions are right for a breach of contract. Actually, for a contract to be in place, both parties must give up something of value. Doesn't sound like he did, so I don't think this qualifies. Paging FFB...

 

2. As another stated, check the conditions of the auctions. Definitely insist on personally inspecting the book in hand in a refund is in order.

 

Good luck to you.

[magelsa]

In the case of the collection he reneged on, I would just forget about it - you cannot pursue legal channels in case he turns the tables and says he now wants to buy the books, most of which I believe you have since sold. Regarding the Hulk #1: did you state a grade in your original eBay listing? Was it a grade that could include a tiny bit of restoration? I mean, let's face it, six months later, we could all send books back to even reputable dealers because the grade they listed was slightly different to what CGC deemed. If I buy a strictly graded 9.6 raw book from a dealer I know well, and I'm not happy with it, I can send it back in a reasonable time based on my opinion of the grade. However, if I send it in to CGC six months later, and they give it a 9.4, I would not dream of trying to claim a refund from the original dealer. On a low grade book, unless you stated specifically that the Hulk #1 was unrestored, then it's just too bad, especially six months down the line. And remember, this guy hung up on you, so he was the one that cut the communication channels in the first place. Consider them still cut! Take a deep breath and put that guy out of your life.

[mrwoogieman]

How long until this guy shows up and gives us 'the other side of the story'?

[MK Ultra]

I would order a veggie delite on wheat.

 

That's pretty much it. Don't give the turdlet another thought.

 

Sweet! Now Redhook is in the club! Nice!

 

Are you guys starting an Axis of Evil?