Dispute with an auction company

[Michael B]

Originally Posted by Stanesq

When the binder arrived, I never bothered to check the cards, having bought tens of thousands of cards over the years from them.

Instead I received a 364 card lot of 1997 Topps Described as including this: Bagwell, Biggio, Bonds, Caminiti, Damon (2), Giambi, L. Gonzalez, Green, Guerrero, R. Henderson, Hershiser, Hoffman, Kent, Molitor, Molitor (2), Murray, Olerud, Palmeiro, Piazza, Rivera, Schilling, Sheffield and Wells.

I never cracked open the binder until I received a call from the Auction Company owner asking me to return the 1997 Topps. Unfortunately I had sold 5 cards from the lot, all commons, the best one being Ruben Rivera. I sent the binder back and the owner tells me we are missing 14 cards, no one major who was pictured.
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Sorry counselor, the ruling goes against you on this one. Both you and the auction house messed up however, what you did was a bit more egregious as you KNEW that this was not the lot of 1998 signed cards you won yet you sold 5 of the cards anyway. How could you not expect some blow back when the auction house realized their mistake and contacted you? If we take your words as they are written, you opened up the binder after he contacted you and then sold 5 of the cards. The story does not add up. You will need to negotiate a fair payment to him for the missing cards, those you sold and those he claims are missing. This cannot be your estimate of their value but some price you can both agree upon. I would do this with hat in hand. Sometimes you need to bite the bullet and admit your mistake. Read my signature below, stop then read again. Just my opinion.