Request for Your Opinion on This

[Archive]

Posted By: Brian Goldner

I did a search on T-207's in eBay stores today, and was stunned when i found a common in an SGC 60 Holder, with a BIN for $1.00.

Of course, i went ahead and bought it, figuring that if i didn't, someone else would, probably within seconds.

Now this evening, i received an e-mail from the seller, saying that he won't sell the card for a dollar, that he meant to price it at $110.00.

I haven't replied yet, and am requesting your opinion or advice, on what the proper course of action might be.

As always, thank you.

Best, Brian Goldner

[Archive]

Posted By: anthony

hmmm, i would contact ebay and let them know what his intents are...then i'd remind him/her that ebay states that the seller is responsible for their listings...i would insist on it or post neg feedback...

the only way i'd let it go is if the seller is a board member...

[Archive]

Posted By: Max Weder

I would recognize that the vendor made a typo and not pursue completing the deal. It would make no difference to me whether the vendor was a board member or not.

Max

[Archive]

Posted By: Steve M.

but you are dead wrong.

[Archive]

Posted By: Mark

This sounds like a good bar exam question.

[Archive]

Posted By: paulcrstratton

Let him slide. Honest mistake.

[Archive]

Posted By: Steve M.

issue is whether it is a "unilateral" mistake of fact or "mutual" mistake. Under the former the buyer would win, under the latter the seller. Any of you lawyers know the answer?

[Archive]

Posted By: Eric B

It was obviously a mistake. He is no more obliged to sell it to you for $1.00 than you are to buy it from him for $110.00.

There is quite a bit of legal precedent when (in the old days) a newspaper ad would run a sale on TV's (as an example) for $4, instead of $400. An error like this is just considered non-existant. Of course if the same thing keeps happening, then it's considered "bait-and-switch" or something similar and then you are in trouble.

[Archive]

Posted By: barrysloate

Brian- I think if he had a BIN of say $50 and you bought it and then he said he meant $100, you would have a good case. But common sense tells you that nobody can sell an EX T207 for a dollar. That was clearly a typo and perhaps the best thing to do is let it slide. What if you were bidding $100.00 and you forgot to put in the decimal point and your bid of $10,000 kicked in at the last second. Wouldn't you ask for the same kind of understanding from the seller?

[Archive]

Posted By: Brian Goldner

The seller is a Flint,Michigan based eBay Power Seller, and sells a good bit of vintage material.

Strangely enough, the guy lives not much more than 60 miles from me, and this is the first time i've dealt with him.
For that matter, i don't recall ever meeting him, and i've been around awhile.

Not sure if he is a board member, as i don't recall that i've ever seen him post here.

[Archive]

Posted By: leon

Let him off the hook. Think of if you did it by accident....

[Archive]

Posted By: howard

Based on the bashing Brian Cataquet took on this board recently for refusing to refund money for an altered card I would suspect that most, if not all, responders will tell you that you should not insist on the delivery of the item. If you do and the seller peruses this site (and I'd bet he does) then your reputation could take a similar beating.

Howard

[Archive]

Posted By: Brian Goldner

Up to now, i guess the consensus is to let it slide, and i'm inclined to agree.

Mistakes do happen--i know, i've made my share of them.

Hopefully, there will be some good that will come out of this.

[Archive]

Posted By: James Gallo

I had the same thing happen to me but I was the seller. The piece was supposed to be 99.99 and I left off ther first two numbers. The buyer was very nice and we just exchanged feedback.

I would do the same in this case, although I think by ebay rules you "could" insist on the sale.

It isn't worth all the possible problems though.

James Gallo

Looking for 1915 Cracker Jacks and 1909-11 American Caramel E90-1.

[Archive]

Posted By: Rhys

I seem to remember a famous Contracts case that involved an add for Fur coats about a hundred years ago. The point was that an add like TV's for $4 when it meant $400 was not specific enough but in the case of the Fur Coat it said "First person in the store gets it" and this guys showed up, they didn't give him the coat, he sued and won because the add was very specific and all it required was acceptance under the terms to form a binding contract. Ebay also has very specific language about bids being legally binding contracts.

Having said all that crap above that may or may not be a good representation of how I spent my time in Law School,

I say let it go.

Rhys Yeakley

[Archive]

Posted By: Brian Goldner

The $1 part of the transaction, is now null and void.

I agree, that this is the proper (and decent) course of action, regardless of what the legalities may or may not be. (I'm not a lawyer, so i don't know).

Thank you everyone, your opinions are certainly appreciated.

Best, Brian

[Archive]

Posted By: Cobby33

Legally, well, it depends on the jurisdiction, but courts are becoming increasingly "liberal" in letting parties off the hook for "good faith" mistakes, assuming there was no detrimental reliance by the other side.

In this case, I agree with (what seems to be) the consensus. Let the guy off the hook. What comes around, goes around, as they say (whoever "they" are)...

[Archive]

Posted By: howard

About ten years ago Pepsico ran a promotion in which you could redeem "pepsi points" for pepsi merchandise. A commercial jokinginly implied that you could get a Harrier jet for 7,000,000 points. A college student noticed that he could purchase pepsi points for ten cents each, raised $700,000 and tried to claim "his" jet. Pepsi laughed him off and the kid took them to court where the judge subsequently laughed him off. His ruling was essentially that any ad that is obviously a mistake or a joke to any reasonable person does not have to be honored.

[Archive]

Posted By: andy becker

you did the right thing brian.

we all have to look in the mirror sometime....

[Archive]

Posted By: Al C.risafulli

In the advertising world, many companies include a disclaimer "not responsible for errors in pricing information." As a consumer, I always go under the assumption that if that disclaimer is not present, it is still implied.

Mistakes happen and this was an obvious one. I'd let it go, and karma will give you a kiss sometime.

-Al