eBay Seller cornfieldcomics-and-bricks BEWARE 3 3

[kav]

4 hours ago, James J Johnson said:

 

Correct. Any and all expenses or damages incurred if that assurance turned out not to be true. The undisclosed trimming renders the item falsely represented, thus in this case defective, since the buyer is expecting to be receiving an unrestored book, as was represented by the seller.  

Judge Judy says no!!

 -Card says Moops.

Edited June 10, 2019 by kav

[kav]

1 hour ago, Peoplesjim said:

I tried to offer the buyer a refund, if he would send the book back. I saw he posted our conversations. 

He started the email with this:

 

Send me the $300 back via paypal tonight and I will send you the graded book via priority mail tomorrow.  

I am a lawyer licensed with the Florida, New York and DC Bars. I tell you this because if I don't send the book to you as promised, you can file a bar complaint against me in those jurisdictions in addition to any other rights you may have.  

Happy to discuss.  

Brad Seldin, Esq.

 

After multiple attempts to get the book back, buyer won’t send. 

I agreed to give him original purchase price from eBay. He finally wrote this:

 

If you can not commit in writing to sending me $300 after you get the book, we can not work this out.

All he asked is that you state clearly that you will refund $300 not $200 when he sends book back.

Since you refuse to do that and scramble for excuses, I conclude that you are the dishonorable one here and are lying when you claim you still say the book is unrestored.  You know it's  trimmed, and dont want the hot potato.  

You were given a chance to show what you are made of, and you did.  The board has a wide net and a long memory.

cheers.

[kav]

People sell their souls so cheaply.  They also hop over a dollar to pick up a penny.

All it would cost him is Nothing.  Looking at sold ASM restored 3.0's he should be able to easily sell for $300, if not more.  But he's so greedy at the thought he might not get every penny back, he wont do it, and offers a lame excuse.  'He sent me a weird message!!'.

The guy is offering to send the book back before you refund-if you were serious about the return, you cant lose with that deal!

I've placed you on my ebay block list, peoplesjim.  I dont know how active you are buying comics, but you wont be buying any from me.  Knowing the boards, I'm probably not the only one.

Edited June 10, 2019 by kav

[DavidTheDavid]

Sorry I'm late, guys. I didn't miss the lynching, did I? 

 

[kav]

2 hours ago, Buzzetta said:

OMG @BSeldin305 Send the damn book back.  If he doesn't refund you, then PayPal has you covered.  Unless of course you monkeyed around with the book and he has scans that can prove otherwise or send Jim back a German newspaper.

@Peoplesjim Take the book back if @BSeldin305 sends you back what you sent him in the condition that you sent it in. 

@kav How is that? 

 

Buzz Seldin cant just send the book back as the return period has expired.  He was offering to send it back as a gentleman with no ebay guarantees, if Peeples would agree to refund the full $300.  Peeples refused, and has apparently been stringing us along the whole times saying he would do that in a heartbeat with the excuse that the guy 'sent him a weird message'.   

Here's what's not weird- Seldin stated clearly 'just state that you will refund the full $300, not $200, and I will send the book back!'

the end.

[HuddyBee]

37 minutes ago, kav said:

The guy is offering to send the book back before you refund-if you were serious about the return, you cant lose with that deal!

Buyer said he would return only after getting the PayPal $300, not before.

1 hour ago, Peoplesjim said:

Send me the $300 back via paypal tonight and I will send you the graded book via priority mail tomorrow.  

I've only ever been refunded after I returned my item, never before.

Also if @Peoplesjim and @BSeldin305 did this through eBay, and not the CGC message boards there would be a lot more security and safety netting in case anyone is trying to scam the other. I realize the window for returns has closed, but sellers can still offer returns through eBay anytime. They just can't be initiated by the buyer after the window has closed.

 

Edited June 10, 2019 by HuddyBee

[Bird]

I think that the buyer is playing word games and looking for a reason to not send it back at this point. Seller said he would refund what was paid, he didn't word it in any way that could be construed as only sending $200 (such as "after the refund you will have your $300 back completely"). You have to return something before you get your money back and the ball is completely in the buyer's court at this point.

[kav]

6 minutes ago, HuddyBee said:

Buyer said he would return only after getting the PayPal $300, not before.

I've only ever been refunded after I returned my item, never before.

Also if @Peoplesjim and @BSeldin305 did this through eBay, and not the CGC message boards there would be a lot more security and safety netting in case anyone is trying to scam the other.

 

That was what he FIRST said then he said he would send the book first, IF the seller would just say he would refund $300 not $200.  Seldin is here he can confirm, and has.  I think you swapped parties tho in your quote above.  As far as safety of ebay, this is 5 months later-those protections are long gone.

Edited June 10, 2019 by kav

[kav]

17 minutes ago, Bird said:

I think that the buyer is playing word games and looking for a reason to not send it back at this point. Seller said he would refund what was paid, he didn't word it in any way that could be construed as only sending $200 (such as "after the refund you will have your $300 back completely"). You have to return something before you get your money back and the ball is completely in the buyer's court at this point.

If true then WHY wont seller say "Ok I agree to send $300 as soon as I get the book"?
He wont do that.

Buyer is the one willing to take the risk and send book back first with no guarantees.  Logical that he would at least want this statement as a minimal amount of protection against getting stiffed.

I can think of many ways seller could word it in his mind to only refund $200.  Buyer feels he has been tricked already and completely normal to be leery/cautious.

Edited June 10, 2019 by kav

[HuddyBee]

15 minutes ago, kav said:

That was what he FIRST said then he said he would send the book first, IF the seller would just say he would refund $300 not $200.  Seldin is here he can confirm, and has.

I feel like at this point it's just becoming a game of "he said, she said." I dunno, I hope they can figure something out.

[1Cool]

Seller is on the hook for the $300 the buyer spent to get the book and it appears the seller is offering to refund that amount.  Buyer already received $100 so i would say the seller should send $200 when the book is received back in his hand.  If the buyer wants to unslab the book and save the slab since he paid for the pressing and slabbing then I'd think that would be fair.  It would be great if the seller would refund the $400 to cover the pressing / slabbing cost but definitely not necessary since that is in excess of the money he received for the book from the buyer.  There is several precedents where the buyer eats the grading cost (and especially the pressing cost) if a return is requested even for restoration.  Looking at the price of ASM 5s in CGC 3.0 and factoring the restoration price hit I'd have probably just issued the $100 refund and called it a day.

[kav]

3 minutes ago, 1Cool said:

Seller is on the hook for the $300 the buyer spent to get the book and it appears the seller is offering to refund that amount.  Buyer already received $100 so i would say the seller should send $200 when the book is received back in his hand.  If the buyer wants to unslab the book and save the slab since he paid for the pressing and slabbing then I'd think that would be fair.  It would be great if the seller would refund the $400 to cover the pressing / slabbing cost but definitely not necessary since that is in excess of the money he received for the book from the buyer.  There is several precedents where the buyer eats the grading cost (and especially the pressing cost) if a return is requested even for restoration.  Looking at the price of ASM 5s in CGC 3.0 and factoring the restoration price hit I'd have probably just issued the $100 refund and called it a day.

Buyer paid $400 total.  Seller got $300 and should return $300.  He should not get book back, pressed and slabbed and a freebie $100 wth.

Seller says he is offering to refund but refuses to say that in writing $300  which is odd.  Just say "I will refund $300 when I get the book back".  You tell me why someone wouldnt do that.

Edited June 10, 2019 by kav

[kav]

4 minutes ago, HuddyBee said:

I feel like at this point it's just becoming a game of "he said, she said." I dunno, I hope they can figure something out.

No its quite simple.

Seller said buyer wanted partial and he refuses to do that but would do full refund for return.

Buyer said ok lets do that.  Paypal me $300 I will return book.

Seller said no you return book first then I refund.

Buyer said ok,  I will do that.  State for the record when you receive book back, you will return $300

Seller refuses to do that, claims 'buyer sending weird messages'.

The end

[1Cool]

2 minutes ago, kav said:

Buyer paid $400 total.  Seller got $300 and should return $300.  He should not get book back, pressed and slabbed and a freebie $100 wth.

Seller says he is offering to refund but refuses to say that in writing $300  which is odd.  Just say "I will refund $300 when I get the book back".  You tell me why someone wouldnt do that.

From what I am reading is the buyer is wanting $400 total ($100 in paypal dispute and $300 paypal when the book is received).  Seller stated something like he doesn't want seller to refund $200 plus the $100 paypal gave him already.  I do agree I'd say "I'll refund the additional $200 I received from you for the price of the book" but it appears to me the buyer will call him out if he only refund the additional $200.

[kav]

1 minute ago, 1Cool said:

From what I am reading is the buyer is wanting $400 total ($100 in paypal dispute and $300 paypal when the book is received).  Seller stated something like he doesn't want seller to refund $200 plus the $100 paypal gave him already.  I do agree I'd say "I'll refund the additional $200 I received from you for the price of the book" but it appears to me the buyer will call him out if he only refund the additional $200.

Buyer spent $400 total and wants to be made whole.  That means he relinquishes book, gets $400 back, $300 from seller, $100 from paypal.

The end.

[1Cool]

I get my opinion based on reading the comment buyer says in the PM thread on page 7.  I wish I could quote only that portion of the text but it's about half way down.

[RockMyAmadeus]

8 minutes ago, 1Cool said:

There is several precedents where the buyer eats the grading cost (and especially the pressing cost) if a return is requested even for restoration.

What is common practice in a community may not necessarily be correct legally. I doubt these cases have ever reached a court of law to set a legal precedent...small claims, perhaps.

Remember what the UCC says about bearing the expense of inspection, especially in light of assurances made that were proven inaccurate...that's pretty compelling language. It is my non-lawyer opinion that, if put in front of a judge, they'd order the cost of the inspection...the CGC slab...to be refunded as well. It is, after all, central to this case.

[kav]

1 minute ago, 1Cool said:

I get my opinion based on reading the comment buyer says in the PM thread on page 7.  I wish I could quote only that portion of the text but it's about half way down.

Remember negotiations have been ongoing so different things were said at various points.  As it stands now:

Seller said buyer wanted partial and he refuses to do that but would do full refund for return.

Buyer said ok lets do that.  Paypal me $300 I will return book.

Seller said no you return book first then I refund.

Buyer said ok,  I will do that.  State for the record when you receive book back, you will return $300

Seller refuses to do that, claims 'buyer sending weird messages'.

The end

[1Cool]

1 minute ago, kav said:

Buyer spent $400 total and wants to be made whole.  That means he relinquishes book, gets $400 back, $300 from seller, $100 from paypal.

The end.

I agree that is the crux of the argument.  Is the seller on the hook for grading and pressing cost when issuing a refund?  Is it fair for a buyer to be out money if restoration is detected?  My opinion is no just because the buyer would not issue a refund if the book came back unrestored and CGC 3.5.  The buyer should not be at risk with his initial $300 but I do believe there is some inherent risk when you send a book in to get graded and especially pressed.  You can get a big gain if the book comes back high and some risk if it comes back low (and even restored).  I think the seller offering to refund the initial $300 is sufficient and the buyer can keep the slab if it is his prerogative. 

[1Cool]

3 minutes ago, RockMyAmadeus said:

What is common practice in a community may not necessarily be correct legally. I doubt these cases have ever reached a court of law to set a legal precedent...small claims, perhaps.

Remember what the UCC says about bearing the expense of inspection, especially in light of assurances made that were proven inaccurate...that's pretty compelling language. It is my non-lawyer opinion that, if put in front of a judge, they'd order the cost of the inspection...the CGC slab...to be refunded as well. It is, after all, central to this case.

Possibly.  I'd give it a coin flip if both sides have a good lawyer.  You can argue both points but based on E-Bays rules I'd say the seller has every right to just issue the $300 total refund and call it a day once it gets back in his hands.