I've already reported both parties to eBay, but I don't think it would be worth it for me to try and sue him for the difference between what I paid and what he sold it for.
He is also not responding to any of my messages, so I don't think a threat of a lawsuit will make any bit of difference to him.
My only hope from all of this is that
maxcollector69 and
showpiecessports both get exposed for what they did.
Quote:
Originally Posted by BobC
And also, wouldn't you potentially have a legal recourse against the original seller as well? I'm not a lawyer but, I know there is the possibility of a suit being brought for specific performance. But that is typically only for real estate transactions because of the specific and unique nature of such sales. Still, and you could confirm this with Ebay, I believe transactions executed using their platform are considered the same as a binding contract. If so, it sure sounds like you had completed the sale and offered adequate compensation for the item being purchased, and then got lied to as to what happened. And if in fact the Cobb postcard now for sale on Ebay at almost four times what you would have paid for it is the same card in the same PSA holder, you pretty much have him by the you-know-whats! At this point you probably can't force him to complete the transaction as he now longer has the card. But, you could at least ask for damages, which I believe should at least be the additional profit he made on screwing you and selling to this other guy who cut in on your deal.
It obviously is not worth it to formally go to sue this guy and pay an attorney to try taking him to court but, it couldn't hurt to threaten him with exposing what he did to Ebay and and also threaten to sue him for the difference he cost you, plus all the court costs and your attorney fees to go after him. From what you've said and shown, you have this guy dead to rights and can fairly easily prove he's guilty as sin of cheating you. Worst case scenario, he tells you to go pound salt, and you walk away knowing he's a jerk and never do business with him again. Better case scenario, he gives/pays you something so you don't go after him or report him to Ebay and you maybe have some money to at least go buy something else for yourself.
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