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  #1  
Old 09-28-2015, 09:34 AM
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Peter Spaeth
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Quote:
Originally Posted by chipperhank44 View Post
I agree with this statement, but disagree with how you are applying it to this situation.

Once fully paid for, the OP was the owner of the card. The seller may have still had possession of the card, but ownership had changed hands.

So yes, a card is yours until its not, but I think in this case.....it was not the seller's card anymore.
So if an instant after the deal was done Dan's house had burned down and the card with it, Eric would have been out of luck because he was now the owner? No, because Dan still had title according to the law, until he completed his obligations with respect to shipping.

Section 2-401(2) of the UCC provides that “title passes to the buyer at the time and place at which seller completes his performance with reference to the physical delivery of the goods.”

But all that, to me, is beside the point.
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Last edited by Peter_Spaeth; 09-28-2015 at 09:38 AM.
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  #2  
Old 09-28-2015, 09:41 AM
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Quote:
Originally Posted by Peter_Spaeth View Post
So if an instant after the deal was done Dan's house had burned down and the card with it, Eric would have been out of luck because he was now the owner? No, because Dan still had title according to the law, until he completed his obligations with respect to shipping.

Section 2-401(2) of the UCC provides that “title passes to the buyer at the time and place at which seller completes his performance with reference to the physical delivery of the goods.”

But all that, to me, is beside the point.
Always the truculent one
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  #3  
Old 09-28-2015, 10:05 AM
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As a long-time Seller on both EBay & right here on Net54, I can't imagine reneging on a deal once the $ had changed hands, EXCEPT if BOTH parties were in agreement to cancel.

GoBucs should think a bit an do the right thing---COMPLETE the deal w/ Cosmo!

Your reputation is at stake, if that means ANYTHING to you.

(Written BEFORE Post 67 was showing ( so apparently he doesn't)
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Last edited by GoldenAge50s; 09-28-2015 at 10:08 AM.
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  #4  
Old 09-28-2015, 10:06 AM
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Quote:
Originally Posted by GoldenAge50s View Post
As a long-time Seller on both EBay & right here on Net54, I can't imagine reneging on a deal once the $ had changed hands, EXCEPT if BOTH parties were in agreement to cancel.

GoBucs should think a bit an do the right thing---COMPLETE the deal w/ Cosmo!

Your reputation is at stake, if that means ANYTHING to you.
See his post above. It doesn't. Not being without a Mantle rookie means more.
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
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  #5  
Old 09-28-2015, 11:30 AM
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Quote:
Originally Posted by Peter_Spaeth View Post
So if an instant after the deal was done Dan's house had burned down and the card with it, Eric would have been out of luck because he was now the owner? No, because Dan still had title according to the law, until he completed his obligations with respect to shipping.

Section 2-401(2) of the UCC provides that “title passes to the buyer at the time and place at which seller completes his performance with reference to the physical delivery of the goods.”

But all that, to me, is beside the point.
I said "I disagree", not the law disagrees. I'm glad to know the UCC (and therefore most states) agrees with the OP, but as many have already said, the legality is hardly the issue here. And based on your last statement (But all that, to me, is beside the point) I think you and I agree morally.
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  #6  
Old 09-28-2015, 11:45 AM
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Quote:
Originally Posted by chipperhank44 View Post
I said "I disagree", not the law disagrees. I'm glad to know the UCC (and therefore most states) agrees with the OP, but as many have already said, the legality is hardly the issue here. And based on your last statement (But all that, to me, is beside the point) I think you and I agree morally.
Yes we are definitely on the same page as an ethical/moral issue, Dan should have completed the deal for sure.
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  #7  
Old 09-28-2015, 12:01 PM
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I don't even understand the seller's reluctance to honor the deal...he's not too attached to the card since he's shopping around for a replacement. I guess the damage this has done to his reputation is worth holding onto a card that he's shopping around. Weird.
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  #8  
Old 09-28-2015, 12:09 PM
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....and this is why i don't buy high end cards.
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  #9  
Old 09-28-2015, 12:10 PM
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Quote:
Originally Posted by slidekellyslide View Post
I don't even understand the seller's reluctance to honor the deal...he's not too attached to the card since he's shopping around for a replacement. I guess the damage this has done to his reputation is worth holding onto a card that he's shopping around. Weird.
I understand not wanting to sell a card until I have replaced it, I just did that in fact, that makes sense to me, but that does not justify reneging on a completed deal.
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  #10  
Old 09-28-2015, 12:45 PM
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Quote:
Originally Posted by Peter_Spaeth View Post
I understand not wanting to sell a card until I have replaced it, I just did that in fact, that makes sense to me, but that does not justify reneging on a completed deal.
No it does not. I could understand maybe if it was a rare card, but it's not. This guy just wrecked his trading rep on Net54 on a card that he's looking to replace.
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  #11  
Old 09-28-2015, 12:50 PM
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Quote:
Originally Posted by slidekellyslide View Post
No it does not. I could understand maybe if it was a rare card, but it's not. This guy just wrecked his trading rep on Net54 on a card that he's looking to replace.
Yes, but the thinking is that you would rather have the one you are looking to replace than none at all. I just did that with an Aaron rookie -- I bought a new one before selling my old one. It is irrational to some extent (what collector isn't) but I didn't want to not have an Aaron rookie.

But all I am saying is I understand the mindset, not condoning the behavior. Dan was dead wrong here.
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