Seller sold an incomplete book to me - How would you respond? 10 10

[buttock]

When I first read this I felt some sympathy for your situation, but the way you're responding to people who are giving you solid advice has eliminated that.  There's an answer that you want, and there's an answer that you'll get.  If those two things don't match, arguing until you get the answer you want doesn't work.  

[F For Fake]

On 5/23/2023 at 12:32 PM, Robot Man said:

ALWAYS check out any book you buy from an internet sale or even a live show. Could have been an honest (although sloppy) mistake on the seller side. But you not catching it when you received it is on you. Sorry…

If you had, a full (or partial refund if you decided to go that route), would have been a pretty easy solution.

No way the seller should pay your grading cost. That was your decision, not his. Unless he offers it in his terms.

Sorry, it has happened to me too. I just did my part and got it resolved quickly. 

+1 Very well said.

To the OP:  It sucks, but it's a lesson we all learn at some point: the responsibility is on you to inspect the book when you receive it, and request a return/refund within a reasonable time. 60 days is no longer reasonable, and the seller would be within their rights to tell you to take a hike. I'd take the $100, and swallow the painful pill. No disrespect to you at all, it happens. And hopefully it only happens to you once, as you'll be better prepared going forward.

[Lightning55]

You don't have to inspect things that come with warranties. 60+ year old comics do not come with warranties. All collectibles need to be thoroughly checked out for authenticity, completeness, defects,  etc.

If  CGC still had 1 year turn around times, you'd be waiting another 10 months to find out it was incomplete. 

[O Doyle Rules]

On 5/23/2023 at 2:54 PM, buttock said:

When I first read this I felt some sympathy for your situation, but the way you're responding to people who are giving you solid advice has eliminated that.  There's an answer that you want, and there's an answer that you'll get.  If those two things don't match, arguing until you get the answer you want doesn't work.  

Sorry you took it that way. I already admitted my fault in this thread by not inspecting the book when I recieved it. But does this relieve the seller of all responsibility and puts 100% of the fault on me? That's is what some posters on this forum have been saying. I don't think so and that is what I have been stating. The seller still bears some responsibility. I asked the seller to confirm the comic book was complete. I did some due diligence, just not as much as I should have. I am partially responsible for this mess, not just 100% as some posters suggest. 

[O Doyle Rules]

On 5/23/2023 at 3:00 PM, Lightning55 said:

60+ year old comics do not come with warranties.

Oh yes they do when the seller warrants something about the 60 year old comic to be true. 

Warranty - (in contract law) a promise that something in furtherance of the contract is guaranteed by one of the contractors, especially the seller's promise that the thing being sold is as promised or represented

Edited May 23, 2023 by O Doyle Rules

[Mr. Bombastic]

What are your options at this point if you're outside ebay's timeframes to file a claim and the seller has gone dark?  Did you already leave feedback on ebay? 

[ThothAmon]

I’m not a lawyer but I stayed at a Holiday Inn last night so I’d agree with your warranty analysis. If the Seller is a dealer he should refund purchase price but not any of cgc’ s fees. 

[Galen130]

I read the entire thread, initially thinking of a response or advice ready to post.  Now….

Edited May 23, 2023 by Galen130

[LowGradeBronze]

The thread has diverged somewhat from the post, quite early on, that said eBay were contacting the seller. You have to let the eBay process (whatever that may be after all the time that has elapsed,) take its course. It may yet pan out for you but patience is required. I have to say, if I'd bought a comic I'd want to peek inside even if it was only once before going off to be graded. Hope things work out well for you. 

[O Doyle Rules]

On 5/23/2023 at 3:14 PM, Mr. Bombastic said:

What are your options at this point if you're outside ebay's timeframes to file a claim and the seller has gone dark?  Did you already leave feedback on ebay? 

No good options. Have to hope that the seller responds. Outside of time to leave feedback. eBay agrees with me it appears and they say they will suspend his account if he does not attempt to make things right. 

[O Doyle Rules]

On 5/23/2023 at 3:15 PM, ThothAmon said:

I’m not a lawyer but I stayed at a Holiday Inn last night so I’d agree with your warranty analysis. If the Seller is a dealer he should refund purchase price but not any of cgc’ s fees. 

Finally, a voice of reason! Thank you Sir! 

[Dr. Love]

Ebay handle of seller please.  If you're interested in giving something to this board in addition to getting something, that would be a pertinent piece of info to us here.

Also, if you think that inspecting a book can inadvertently cause damage, then buying raw is probably not for you.  It will only lead to more butt hurt down the road.

 

 

[LowGradeBronze]

Maybe when buying books over a certain value, an unboxing video is a good plan. It enables the buyer to document their receipt and inspection of goods received to verify they are as stated. Incontrovertible proof of the condition, if the item is not as described.

[O Doyle Rules]

On 5/23/2023 at 3:20 PM, LowGradeBronze said:

The thread has diverged somewhat from the post, quite early on, that said eBay were contacting the seller. You have to let the eBay process (whatever that may be after all the time that has elapsed,) take its course. It may yet pan out for you but patience is required. I have to say, if I'd bought a comic I'd want to peek inside even if it was only once before going off to be graded. Hope things work out well for you. 

Another voice of reason! Thank you Sir! I am hopeful that eBay backs me up on this. I hate to see the seller get his account suspended, but at this point that may be a likely result if he does not start to communicate with me which leads to some sort of resolution. 

[O Doyle Rules]

On 5/23/2023 at 3:28 PM, Dr. Love said:

Ebay handle of seller please.

At this point, I do not feel comfortable doing so. I really like to give people the benefit of the doubt and second chances.The seller at first said he made an honest mistake. His decision now not to communicate though is very troubling. I will post updates to the conclusion of this saga. 

[eastriver400]

 

There is no way of knowing if Seller knowingly tried to pass off the book as complete so I am assuming the Seller made an honest mistake.    However, Seller effectively admitted he didn't count the pages in the book and only assumed it was complete by offering to refund $ 100 to buyer.  If Seller did indeed count the pages he would have told the Buyer to buzz off.   Both buyer and Seller assumed the book was complete.   Fair enough. We have all done it.  Honest Seller Mistake, honest buyer mistake. No Biggie.

 

But now that we know the book was missing the centerfold, the Seller should take the book back regardless of the Ebay 30 day policy. It clearly is the right thing to do.  

Buyer should also eat the $ lost on grading the book, and should also pay for return shipping.

 

Right is right. Wrong is wrong.  I don't blame the Buyer one bit here. He relied on the Seller's description. Seller made a mistake. Mistakes happen. How he handles his mistake separates a Good Dealer from an unscrupulous one.

 

 

 

Edited May 23, 2023 by eastriver400

[eastriver400]

On 5/23/2023 at 3:44 PM, O Doyle Rules said:

At this point, I do not feel comfortable doing so. I really like to give people the benefit of the doubt and second chances.The seller at first said he made an honest mistake. His decision now not to communicate though is very troubling. I will post updates to the conclusion of this saga. 

 

That's the classy move. Give him a chance to make it right.

[davidking623]

Clearly the seller messed up and with the what sounds like pretty decent feedback . Your right about asking if all the pages are there ,  nothing clipped out or cut out and he told you it was a complete book . I understand he offered a 100.00 dollars back as a partial refund but you did not inspect the book before sending off to CGC which is clearly a mistake on your part but since the mistake lands on you and the seller from both ways how about offering a refund of the difference between the 100 and the purchase price of the book and shipping and shipping it back on you . Its not perfect but its not like you have to take the sellers offer and lump it .Its negotiating the problem between the 2 parties which technically speaking are both at fault and each other absorbing the pain of the transaction . Good luck !

[Funnybooks]

seller sold book as complete

book was incomplete

full refund+shipping - cgc grading costs

that's what a reputable seller would do

 

[eastriver400]

 

P.S.   @O Doyle Rules    if things don't work out your way, you can always ask Ebay to reconsider the 30 day guarantee in your case because you had to send the item to an impartial 3rd party (CGC) in order to see if the seller misrepresented the item.   Also, throw in some language that you "relied on his promise" that the book was complete.  Worth a shot.

 

 

 

 

Edited May 23, 2023 by eastriver400