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eBay Seller cornfieldcomics-and-bricks BEWARE
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427 posts in this topic

1 hour ago, oakman29 said:

"Should a seller always partial refund if a book comes back different than the listing claimed eg if they sell claiming an 8.0 and it comes back a 7.0 or if unknown resto is detected and the buyer decided to pay for pressing should the seller reimburse/warranty?

No. I can slightly understand sellers refunding due to unknown restoration, as restoration isn't subjective like grading. But definitely not with just grade differences.

Buy the book, not the grade. This includes unknown restoration. Check for yourself before you ship to CGC. Always inspect the book thoroughly, check for completeness and restoration. A lot of trouble can be avoided this way. The biggest reason this isn't blowing over well is because it has been 5 months since the purchase. @BSeldin305 check for restoration yourself before you send to CGC. If detected you could have returned it for a whole refund and not wasted the $$$ for grading. If you could not detect the restoration yourself, then you have just as much reason to be frustrated with yourself as you do the seller.

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39 minutes ago, HuddyBee said:

No. I can slightly understand sellers refunding due to unknown restoration, as restoration isn't subjective like grading. But definitely not with just grade differences.

Buy the book, not the grade. This includes unknown restoration. Check for yourself before you ship to CGC. Always inspect the book thoroughly, check for completeness and restoration. A lot of trouble can be avoided this way. The biggest reason this isn't blowing over well is because it has been 5 months since the purchase. @BSeldin305 check for restoration yourself before you send to CGC. If detected you could have returned it for a whole refund and not wasted the $$$ for grading. If you could not detect the restoration yourself, then you have just as much reason to be frustrated with yourself as you do the seller.

Look the Seller listed this book as "UNRESTORED".  It was listed as UNRESTORED  in the title of the listing.  This is a Material Representation.  It was Material because it significantly effects the value of the book.  This Material Representation was FALSE.  

Look, I can not tell if a book is restored/ trimmed;  but if it is advertised as UNRESTORED in the description I feel the buyer has a right to rely on that representation.

Further, this Fraudulent Seller is saying that CGC is wrong and they incorrectly detected trimming on 2 edges.  He is saying everything hoping something sticks.  The only thing that will stick is the damage to his reputation.

Would you buy a raw book from this clown?  I think not.  

28 minutes ago, Peoplesjim said:

Original poster who did you use for a Pressor?

CGC/CCS

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2 hours ago, oakman29 said:

"Should a seller always partial refund if a book comes back different than the listing claimed eg if they sell claiming an 8.0 and it comes back a 7.0 or if unknown resto is detected and the buyer decided to pay for pressing should the seller reimburse/warranty?

How about if the listing says the books is UNRESTORED and it comes back as RESTORED. Grading is subjective, Restoration is not.   

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1 minute ago, BSeldin305 said:

Look the Seller listed this book as "UNRESTORED".  It was listed as UNRESTORED  in the title of the listing.  This is a Material Representation.  It was Material because it significantly effects the value of the book.  This Material Representation was FALSE. 

That is correct. If the seller wasn't sure, or didn't know, he/she should have said that. That doesn't let the seller off the hook (sellers are always responsible for accurately representing what they sell)...but it does clue in the buyer to be more cautious. But the seller explicitly represented the book as "unrestored."

Sellers have responsibilities to their customers. That includes making sure the item is not misrepresented, and that it gets to the buyer in the condition advertised. I'm not sure where this latest wave of "caveat emptor" meaning "buyer not only beware, but you also bear some of the responsibility" is coming from, because it isn't true. "Caveat emptor" is not a "get out of jail free" card that allows sellers to misrepresent their items, or abrogate responsibility for ensuring it gets to the buyer in the condition advertised. It is a warning, not an assignation of responsibility.

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10 minutes ago, BSeldin305 said:

Would you buy a raw book from this clown?  I think not.  

 

Insulting the seller...however justified your frustration...will not win you support. Keep it above board, and people will be more willing to be on your side.

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9 minutes ago, BSeldin305 said:

How about if the listing says the books is UNRESTORED and it comes back as RESTORED. Grading is subjective, Restoration is not.   

I dont see this as a 'fraud' situation.  Lots of listings say 'unrestored'.  They also say things like 'rare'.  'CGC it' 'my loss is your gain' etc.  This is called puffing.  Only an expert can detect certain types of restoration.  If you are buying raw books on ebay, you are to some extent rolling the dice. regardless of what the listing says.  That's why raw books are cheaper.  You cant want the guarantee of a CGC book at raw prices.  A seller has one obligation-to refund full price if you are dissatisfied.  If you decide to get a book slabbed, pressed or gold plated they shouldnt be on the hook for that expenditure.   

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1 minute ago, kav said:

I dont see this as a 'fraud' situation.  Lots of listings say 'unrestored'.  They also say things like 'rare'.  'CGC it' 'my loss is your gain' etc.  This is called puffing.  Only an expert can detect certain types of restoration.  If you are buying raw books on ebay, you are to some extent rolling the dice. regardless of what the listing says.  That's why raw books are cheaper.  You cant want the guarantee of a CGC book at raw prices.  A seller has one obligation-to refund full price if you are dissatisfied.  If you decide to get a book slabbed, pressed or gold plated they shouldnt be on the hook for that expenditure.   

So you wouldn't complain if you bought a book advertised as "complete" but was missing the "centerfold"?   

What you describe is not "puffing"- "looks great"  "beautiful pages" "presents higher than grade" "looks near mint" are examples of puffing.  Restoration is black and white.

Look what I asked for - a $100 refund - I think is pretty reasonable.

What I got- no apology and "CGC is wrong" is not. 

 

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Just now, BSeldin305 said:

So you wouldn't complain if you bought a book advertised as "complete" but was missing the "centerfold"?   

What you describe is not "puffing"- "looks great"  "beautiful pages" "presents higher than grade" "looks near mint" are examples of puffing.  Restoration is black and white.

Look what I asked for - a $100 refund - I think is pretty reasonable.

What I got- no apology and "CGC is wrong" is not. 

 

I would return for full refund and figure the guy didnt do a page count.  If I see a book listed as 'unrestored' I just go 'maybe' and make my decision.  I do not credit ebay sellers with CGC level grading abilities.

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6 minutes ago, kav said:

I would return for full refund and figure the guy didnt do a page count.  If I see a book listed as 'unrestored' I just go 'maybe' and make my decision.  I do not credit ebay sellers with CGC level grading abilities.

The Seller had no business making a claim he had no knowledge of being true.  This is a specific representation. 

Perhaps the next buyer who googles this seller with your "maybe" attitude will see this little kerfuffle and elect to "maybe not" make the purchase. 

If you are someone who buys comics, while this nonsense may be your reality on eBay, it is not conduct you should condone. .  

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2 minutes ago, BSeldin305 said:

The Seller had no business making a claim he had no knowledge of being true.  This is a specific representation. 

Perhaps the next buyer who googles this seller with your "maybe" attitude will see this little kerfuffle and elect to "maybe not" make the purchase. 

If you are someone who buys comics, while this nonsense may be your reality on eBay, it is not conduct you should condone. .  

Conversely, I dont believe claims just because someone makes them.  If someone says a car was only driven by a little old lady once a week I disregard that.  Best to approach 'unrestored' claim as 'as far as I know this is unrestored'.  And if it turns out to be wrong, merely return for full refund.  Holding seller responsible for additional expenditure is a bit iffy IMO.  You could also maybe have a conversation before purchase about what seller will agree to if it does come back as restored.  Unilaterally changing the contract afterwards is not advisable.

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I will say however that as a seller i would have given you the partial.  Customer satisfaction is #1 for me.

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26 minutes ago, BSeldin305 said:

So you wouldn't complain if you bought a book advertised as "complete" but was missing the "centerfold"?   

What you describe is not "puffing"- "looks great"  "beautiful pages" "presents higher than grade" "looks near mint" are examples of puffing.  Restoration is black and white.

Look what I asked for - a $100 refund - I think is pretty reasonable.

What I got- no apology and "CGC is wrong" is not. 

 

Correct. There's a difference between that which is subjective and that which is objective. Grading is subjective. The presence or absence of restoration is not.

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