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#1
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Opinions on a transaction issue
Posted By: Kyle
Hey Everyone, |
#2
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Opinions on a transaction issue
Posted By: Andrew Parks
I don't think so. |
#3
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Opinions on a transaction issue
Posted By: DJ
Have you contacted the seller again and what did he say if so? |
#4
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Opinions on a transaction issue
Posted By: Kyle
So far, no response. I'm sure he will ignore me. |
#5
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Opinions on a transaction issue
Posted By: Cobby33
Unless you've suffered some financial loss, there's not much you can do about it, unfortunately. You must prove some sort of actual damages in order to sustain a cause of action against someone. |
#6
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Opinions on a transaction issue
Posted By: robert a
Kyle, |
#7
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Opinions on a transaction issue
Posted By: davidcycleback
A small claims judge would probably say, "You got your money refunded, so you got your money refunded." |
#8
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Opinions on a transaction issue
Posted By: Kyle
The problem is is that I've always been persistent in emailing him here and there asking if it had ever arrived, as I was so anxious to get it. While contacting the post office to see what I could do about a lost package, they pretty much assured me that he had never sent the package... and on his end, he could not provide me with receipts as he "accidentally" threw them out, just like he forgot to insure the package before sending. |
#9
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Opinions on a transaction issue
Posted By: cmoking
I thought: |
#10
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Opinions on a transaction issue
Posted By: Bob
I'm amazed at the stories of lost cards showing up months later. Every card I have ever purchased which was lost in the mail or lost by UPS stayed that way. If one of mine ever showed up later, I'd be shocked. Suprisingly, all the cards which were lost which I was waiting on had delivery confirmations or were insured and still never made it! |
#11
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Opinions on a transaction issue
Posted By: robert a
Hi Bob, |
#12
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Opinions on a transaction issue
Posted By: t206King
if u sent the money through mail go on 411.com or yellowpages.com. type in his address and give him a call. if he still refuses i guess its a lose |
#13
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Opinions on a transaction issue
Posted By: Misunderestimated (BKH)
Kyle- |
#14
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Opinions on a transaction issue
Posted By: Kyle
Part of me is just really disappointed someone would flat out lie like this. But thats reality and it is what it is. And yeah I did get a good deal, obviously too good for the seller to be true to his words. |
#15
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Opinions on a transaction issue
Posted By: Judge Dred (Fred)
Kyle, |
#16
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Opinions on a transaction issue
Posted By: DJ
I wonder the above as well. Care to out this guy especially since he won't answer you. |
#17
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Opinions on a transaction issue
Posted By: t206King
yeah i have had that. i bought a lot of 4 cards t206's and e96 tinker with them. i bought it for a whopping 16 bucks. still havent recieved them and the seller told me he sent them out. i beleive him 100%, its just mail isnt reliable like it used to be it seems........ it doesnt matter how much u spend, it matters if u get them!!!! |
#18
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Opinions on a transaction issue
Posted By: Josh K.
Ok, and now a lawyer's initial thought - w/o doing any research on the relevant legal issues: |
#19
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Opinions on a transaction issue
Posted By: Kyle
I'd love to sue, but for now I am going to wait to see if the seller says anything. If he doesn't, I'll out him soon. |
#20
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Opinions on a transaction issue
Posted By: Cobby33
Josh: |
#21
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Opinions on a transaction issue
Posted By: Josh K.
Cobby, |
#22
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Opinions on a transaction issue
Posted By: Cobby33
Josh: |
#23
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Opinions on a transaction issue
Posted By: Josh K.
I doubt that there are too many baseball card cases floating around in the courts and I agree, that unless the card were a 4 base hits kelly, balt. news ruth, or some other extremely rare and VERY valuable card, I would not recommend suing either. My initial post was really made simply to note that under the right circumstances, there might be recourse despite getting your money back. |
#24
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Opinions on a transaction issue
Posted By: Cobby33
True, true. |
#25
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Opinions on a transaction issue
Posted By: Josh K.
one final note, I do concede that irreparable harm (and specific performance) would be extremely difficult to show - both, I believe, require a showing that the damage could not be cured by monetary means. Hence the need for the card to be fairly rare. |
#26
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Opinions on a transaction issue
Posted By: Dan Koteles
first is that he may have decided to keep it and/or |
#27
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Opinions on a transaction issue
Posted By: Josh K.
I disagree. Once you enter a contract, oral or written, and you decide not to go through with the deal, you've breached the contract. The fact that its a baseball card and others may have wanted a shot at it, is irrelevent. |
#28
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Opinions on a transaction issue
Posted By: DJ
Ebay is built on the principle that people are naturally good but it also opens up a tremendous amount of fraud and puts people who know nothing about retail into the selling market. I have had maybe a hand full of lost parcels in my lifetime out of literally ten's of thousand's of transactions. With any parcel of any importance, there is a way to track it. |
#29
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Opinions on a transaction issue
Posted By: Judge Dred (Fred)
Kyle, |
#30
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Opinions on a transaction issue
Posted By: fkw
Im curious too. After reading all this. If you werent 100% sure what the identity of the item was, then the auction/item was mostlikely mislabeled or misidentified. A rare uncataloged "type" card?? What was it?? |
#31
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Opinions on a transaction issue
Posted By: warshawlaw
Fraudulently telling the buyer that the card was lost, which is really what everyone is assuming and arguing as the basis for reopening the deal, is impossible to prove in this case. You're never going to be able to prove the negative, i.e., that he did not mail it. No one from the P.O. will testify for you, so his testimony that he did mail it is the only testimony that will be admitted on the issue. Everything else is hearsay or speculation. Once he establishes that he mailed the card, he will prove that he and the buyer entered into a mutual agreement to cancel the sale based on the card's loss. You also will never be able to prove that he did not get it back subsequent to the sale being cancelled, since only he would know that fact. |
#32
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Opinions on a transaction issue
Posted By: Jason
What was the item? |
#33
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Opinions on a transaction issue
Posted By: Dan Koteles
but,I had a similar situation with a board member and |
#34
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Opinions on a transaction issue
Posted By: Joann
Wow. What a great thread! A few legal questions. |
#35
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Opinions on a transaction issue
Posted By: Peter_Spaeth
"I did get a great deal, but at the time of purchasing, I was not 100% sure on the identity of the cards, only to later discover it." |
#36
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Opinions on a transaction issue
Posted By: Kyle
What I was saying there was that the lot has a superstar in it, but I was unsure what set the card was from as I had never seen them before. In my opinion, they are not easily replaceable and are worth over $3000. I will identify after today, I am just giving the seller another day to make good. |
#37
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Opinions on a transaction issue
Posted By: dennis
if the seller ends an aucton early to accept an offer.he can also return your $ and cancel the transaction.there is no documentation of a sale. he probably feels you took advantage of him, as most who make offers to end auctions early do. |
#38
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Opinions on a transaction issue
Posted By: Peter_Spaeth
You agreed to buy cards not knowing what set they were from, and the seller didn't advertise what set they were from in his ebay auction either? |
#39
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Opinions on a transaction issue
Posted By: Josh K.
Dennis - With all due respect, you are wrong. Sure, he can change his mind, but in so doing, he breaches an oral agreement. Contracts do not have to be in writing. I would also guess that there was plenty of email correspondence to support the deal ("I will give you X for the cards" followed by "ok, send payment to me at . . ."). This would actually make it a written contract and would provide all the documentation necessary to "prove" a deal was made. The fact that one party may get the better of the deal is completely irrelevent absent some sort of fraud or coercion. |
#40
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Opinions on a transaction issue
Posted By: Joann
Josh, |
#41
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Opinions on a transaction issue
Posted By: Jeff Lichtman
So...we're going to sue the seller (presumably who is from a state other than you, Kyle) on a deal worth 3K. And it's not even like your damages are 3K. Hmmm...think you'll find many lawyers willing to take that awesome litigation? With all respect, I'm not sure that the seller is shaking in his boots yet... |
#42
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Opinions on a transaction issue
Posted By: Josh K.
If you had proof the seller never mailed the card, it would certainly help. I dont think its necessary to win the case, you just need a jury to make some reasonable inferences and believe that the card was never mailed. The circumstantial evidence suggests that this is the case (by the way, Ive never gotten a card or anything else back that has been lost in the mail, so perhaps my belief is jaded). |
#43
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Opinions on a transaction issue
Posted By: rob
That's the perspective the seller has apparently taken, Kyle received his refund, and now has a chance to bid on the item for it's true value. Always amusing how the people on this board who complain about getting screwed, are the ones trying to get the advantage. |
#44
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Opinions on a transaction issue
Posted By: Josh K.
Jeff, |
#45
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Opinions on a transaction issue
Posted By: Peter_Spaeth
If Kyle had no intention to sue, what was the point of soliciting everyone's opinion, other than to augment JoAnn's legal education? |
#46
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Opinions on a transaction issue
Posted By: Josh K.
I will let him comment, but it seems that he may have originally be interested in the possibility, but later states he doesnt intend to do so. Im guessing he wanted a way to threaten legal action to see if that would make the seller go through with the deal. As someone mentioned earlier - I doubt the seller is shaking in his boots. |
#47
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Opinions on a transaction issue
Posted By: Kyle
I simply wanted to see if anyone had had a similar situation in the past, and if there is any easy way to go about things. I'm sure many others would be just as disappointed as I am in the situation and I was hoping some could provide some insight, and clearly there are many on these boards willing to discuss scenarios, and I thank those who have contributed. |
#48
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Opinions on a transaction issue
Posted By: Joann
Whoa. Peter - I think that people were tossing about possibilities and opinions. It started with the importance (if any) that the fact that this was an offline deal contrary to ebay's rule would have on the buyer's options. |
#49
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Opinions on a transaction issue
Posted By: rob
LOL! Theres no "jury" in small claims Court, and I didn't claim that non delivery couldn't be proved, just as a practical matter its not going to happen. |
#50
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Opinions on a transaction issue
Posted By: Peter_Spaeth
Seems Kyle has a history of omitting details when he goes on public forums to complain. |
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