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#1
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Disclaimer: I have no idea what item we're talking about here or what Nate's eBay ID is. (I also have a terrible memory, so unless we do business on a weekly basis, your secret is probably safe even if we've transacted before).
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Ebay Store and Weekly Auctions Web Store with better selection and discounts Polite corrections for unidentified and misidentified photos appreciated. Rude corrections also appreciated, but less so. |
#2
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I have no idea what the item is either. I still want to know what Ebay seller is selling $1000+ items for pennies on the dollar!! I have a huge student loan I need to pay off, and that would help greatly!
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#3
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Last year or earlier this year I picked up a stamp that catalogs 2500 for 18 as a BIN ![]() 18 was a good price for the basic stamp, and the difference while catalog listed isn't shown in a picture. So knowing you have it isn't exactly simple. Sort of like finding a Murr'y as a BIN at a decent price for a common. Another was listed by a seller in Norway and ended at 8am est easter sunday. Not a common one, and listed at just under 10% of the catalog value. I was the only bidder. With stamps some of the varieties are not well known and many sellers won't take the time to become knowledgeable about them- Even some of the bigger dealers. Although one I met said he didn't have the time to be bothered with small varieties that catalog under 1000 unless it was plainly marked in the collection it came from. (He often has stuff that's 5000+) Steve B |
#4
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2 things. If you sue in a dispute where something is physically stolen (not the case here) you only get what you paid for the item, and not what it would be worth now, what is its market value or what you would have gotten if you resold. The judge would look only at your receipt from when you bought it and have no interest in theoretical market valuations or how much (according to the plaintiff) it's gone up in value since then.
2, you're out no money. Considering the first paragraph, you'd have to convince the judge that you've been harmed. He (or she) may very well say you get the item in exchange for the price paid if you want because the sale was a contract, but he may, having little to no interest in theoretical resale speculations and market valuations, say you're out no money so he doesn't see the harm. You'd have to convince him. Realize that most people come before the judge in such suits are suing because they paid money, didn't get the item and want their money back. You'd be coming before him with having gotten your money back. You may indeed get the item (in re-exchange for the win price), but, if you didn't, you would not win any of paragraph 1's pie in the sky money. Last edited by drcy; 06-09-2014 at 11:28 AM. |
#5
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When a good is unique specific performance may be available. I agree a court would not likely award damages on an expectancy measure here.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#6
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If the reneged item was subsequently sold to another party, or through another venue such as a major auction house, would that not give a clear measure of the damages to the shafted buyer?
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Ebay Store and Weekly Auctions Web Store with better selection and discounts Polite corrections for unidentified and misidentified photos appreciated. Rude corrections also appreciated, but less so. Last edited by thecatspajamas; 06-09-2014 at 11:10 AM. |
#7
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Duly note that my working scenario is the case would be in small clams court, with a judge scheduling 10 minutes per case and the item in dispute being a baseball card or such that won't particularly stand out to a non-collecting judge as something of more significance than the stolen lawn chair set or the missing carburetor in the day's previous cases. I'm not envisioning the case involving the stolen relic of the Babylon and teams of lawyers and professorial expert witnesses.
If it turns out the eBay auction was for the Hope Diamond or the newly uncovered second set of Anne Frank's diaries, I will revisit my earlier post. Last edited by drcy; 06-09-2014 at 12:13 PM. |
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