eBay Seller cornfieldcomics-and-bricks BEWARE 3 3

[1Cool]

1 minute ago, BSeldin305 said:

This is correct. 

It is correct that the $100 dispute money came from Paypal and not the seller?

[kav]

1 minute ago, 1Cool said:

I don't agree with your top statement.  The $100 refund was thru Paypal but by defacto a refund thru E-Bay of the book not being as represented.  Are you saying the $100 wouldn't be considered a refund via E-Bay?

what I am saying is it didnt come out of seller's pocket and seller has $300 of buyer's money which the buyer would like back for returning the book.
I dont see how you can disagree with my top statement as it is a statement of fact:
Irrelevant-paypal has paid the pressing/slabbing fee 

The end

[kav]

2 minutes ago, 1Cool said:

Did the $100 paypal money come from Paypal??  That is unlikely based on my dealings with Paypal.

paypal has issued me a refund out of their own pocket in the interest of harmony-its fairly common.

[BSeldin305]

Just now, 1Cool said:

It is correct that the $100 dispute money came from Paypal and not the seller?

Correct.  Under your scenario, seller gets original book returned, slabbed and is + $100. That is not fair.   

[1Cool]

Just now, kav said:

what I am saying is it didnt come out of seller's pocket and seller has $300 of buyer's money which the buyer would like back for returning the book.
I dont see how you can disagree with my top statement as it is a statement of fact:
Irrelevant-paypal has paid the pressing/slabbing fee 

The end

Based on what I read I didn't get the vibe that the $100 came from Paypal but was a refund forced by Paypal.  If Paypal ponied up the $100 then the seller is on the hook for $300 no question.

[1Cool]

1 minute ago, kav said:

paypal has issued me a refund out of their own pocket in the interest of harmony-its fairly common.

I need to fight harder to see if I can get some of this Paypal hush money!

[kav]

1 minute ago, 1Cool said:

Based on what I read I didn't get the vibe that the $100 came from Paypal but was a refund forced by Paypal.  If Paypal ponied up the $100 then the seller is on the hook for $300 no question.

NOW YOU GOT IT!!!!  I understand the confusion now!

[kav]

1 minute ago, 1Cool said:

I need to fight harder to see if I can get some of this Paypal hush money!

what works for me is act like a sad sack and say stuff like gosh there's probably nothing you can do about it-

human nature seems to be oh yeah there IS something I can do about it just watch!  

This strategy has worked for me time and again.

Getting angry and demanding-that never works.

[Bird]

Just now, 1Cool said:

Based on what I read I didn't get the vibe that the $100 came from Paypal but was a refund forced by Paypal.  If Paypal ponied up the $100 then the seller is on the hook for $300 no question.

they just don't like each other at this point. Buyer wanted refund prior to returning the book. Seller said send it back and I will refund you then. Buyer said "say it in these words" and I will. Seller said "I said I would refund but I won't say exactly what you want me to say" but I will refund what you paid. Seller gave professional info in case of issue with refund to prove intentions. 2 stubborn people with no trust.

[BSeldin305]

6 minutes ago, Bird said:

this point is moot, buyer has not asked for it and seller has said he would refund what the buyer paid. After that it is just games.

I wanted the seller to confirm the amount of refund after receiving the book.  These words were chosen carefully. 

He would not confirm the amount.  He has already proven untrustworthy.    

[Hollywood1892]

5 minutes ago, kav said:

paypal has issued me a refund out of their own pocket in the interest of harmony-its fairly common.

Kav

Welcome back!!!

Long time no see!!!

[BSeldin305]

Just now, Bird said:

they just don't like each other at this point. Buyer wanted refund prior to returning the book. Seller said send it back and I will refund you then. Buyer said "say it in these words" and I will. Seller said "I said I would refund but I won't say exactly what you want me to say" but I will refund what you paid. Seller gave professional info in case of issue with refund to prove intentions. 2 stubborn people with no trust.

"Confirming the amount" is not asking him to say it in these words.  It is a way to be clear on the terms and give me recourse if he balks.  

[Bird]

Just now, BSeldin305 said:

I wanted the seller to confirm the amount of refund after receiving the book.  These words were chosen carefully. 

He would not confirm the amount.  He has already proven untrustworthy.    

I will refund what you paid is crystal clear, it equals the sale price, $300. Even if he says it you still have to trust him to do so once you send the book back. Arguing over specific words is ridiculous when he said he would refund purchase price and gave you recourse with the state bar associations, which is far more important to him than ebay I would think.

[BSeldin305]

3 minutes ago, Bird said:

they just don't like each other at this point. Buyer wanted refund prior to returning the book. Seller said send it back and I will refund you then. Buyer said "say it in these words" and I will. Seller said "I said I would refund but I won't say exactly what you want me to say" but I will refund what you paid. Seller gave professional info in case of issue with refund to prove intentions. 2 stubborn people with no trust.

Dude- I am the lawyer and I gave the info about MY bar memberships for the additional recourse.  I am the buyer who bought a book listed in the title as unrestored when it fact it was restored (trimmed).  

[kav]

1 minute ago, BSeldin305 said:

"Confirming the amount" is not asking him to say it in these words.  It is a way to be clear on the terms and give me recourse if he balks.  

I cant believe this is even an issue.

"Well theyre both being stubborn"
HUH???  Buyer first wanted refund then send the book seller said no send book first buyer said ok.

How thats being stubborn is a mystery.  Asking someone to merely type out a sentence and you'll ship the book, and THEY WONT DO IT is being equated with the concessions made by the buyer and theyre 'both stubborn'????
coo-coo

[kav]

3 minutes ago, Bird said:

I will refund what you paid is crystal clear

I guess you've never witnessed long board arguments over minutiae of semantics-

[Crops068]

3 minutes ago, Bird said:

I will refund what you paid is crystal clear, it equals the sale price, $300. Even if he says it you still have to trust him to do so once you send the book back. Arguing over specific words is ridiculous when he said he would refund purchase price and gave you recourse with the state bar associations, which is far more important to him than ebay I would think.

Not crystal clear to a lawyer.  He wants it exactly the way the law allows to ensure if the seller does not go through with what is agreed upon he has legal recourse.

[RockMyAmadeus]

11 minutes ago, 1Cool said:

If I go out and buy a car and take it to a dealership (and get charged $50 for the inspection) do you think the original car dealership will pay the original payment for the car and the $50 to cover the inspection if the car is shown to a lemon?  The inspection (ie grading) is done by the buyer and will be at the expense of the buyer and a good seller will take the car (book) back but only the cost paid. 

Here's what the UCC says: "(2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected."

And "(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances."

In this case, it was both difficulty of discovery and the seller's assurances that induced the buyer to accept the book initially, even though it did not conform to the terms of the sale.

In other words, if the entity that sold you the car explicitly stated something significant about the vehicle that turned out to be untrue...like, say, it had a new engine...and you took it to a mechanic who discovered that the engine was, in fact, original and had 150,000 miles of wear on it...then you may be able to recover the cost of that inspection. That's what I'm seeing the language say.

[kav]

3 minutes ago, Crops068 said:

Not crystal clear to a lawyer.  He wants it exactly the way the law allows to ensure if the seller does not go through with what is agreed upon he has legal recourse.

Exactly.  If I had him on the stand I would say "What do you mean what I paid?  For the book?  Or the slabbing?  Or the pressing?  Or an addition/subtraction of the various amounts taking into consideration what I was re imbursed?"
Where he was going with this is incredibly obvious, to me anyway.

Edited June 10, 2019 by kav

[Bird]

11 minutes ago, BSeldin305 said:

Dude- I am the lawyer and I gave the info about MY bar memberships for the additional recourse.  I am the buyer who bought a book listed in the title as unrestored when it fact it was restored (trimmed).  

Oops, sorry about that. My mistake. I still think his words were clear, he will refund what you paid. If you do not trust those words why would you trust whatever else he has to say? You have to take the first step and send it back no matter what he says.