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eBay Seller cornfieldcomics-and-bricks BEWARE
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Started by BSeldin305,

427 posts in this topic

kav

kav

Posted
Posted
1 minute ago, 1950's war comics said:

yep , just like whenever someones says "to be perfectly honest"  you know they are probably fudging the truth

If your doctor gives you the wrong information they are liable.  If your barber tells you to take new restoria for your multiple humongulosis and you get sick he is not liable.  You cannot hold a layman's opinion responsible as if it were an expert opinion.  A consumer is expected to know the difference between an expert and just some dude.  If the barber says he's a doctor that's another story.  There's no indication this seller held himself out as an expert in restoration detection.

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BSeldin305

BSeldin305

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Posted
1 hour ago, kav said:

Objective but needing an expert to determine is a bit different tho.  A layman cannot be called as an expert witness just for this reason.

This is a guy with an eBay store- any higher duty than the guy who says he is selling his neighbor's comics they found in the attic?

Still, you can't make affirmative representations that you know not to be true.  More so in the case of a professional seller, no?

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kav

kav

Posted
Posted (edited)
14 minutes ago, BSeldin305 said:

This is a guy with an eBay store- any higher duty than the guy who says he is selling his neighbor's comics they found in the attic?

Still, you can't make affirmative representations that you know not to be true.  More so in the case of a professional seller, no?

I understand where you are coming from and like I said i would have given you the partial but professional seller is not professional grader.  I also agree it's not wise to say 'unrestored' in an ebay listing when you are not a professional grader (although it IS very common) but it's likewise unwise to take the word on 'unrestored' from a non professional and take it as gospel.  Is there some indication he knew it was trimmed?  That's a pretty serious accusation.

Edited by kav
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RockMyAmadeus

RockMyAmadeus

Posted
Posted
17 minutes ago, BSeldin305 said:

This is a guy with an eBay store- any higher duty than the guy who says he is selling his neighbor's comics they found in the attic?

Still, you can't make affirmative representations that you know not to be true.  More so in the case of a professional seller, no?

Correct. It doesn't even matter if the seller claims to be a professional or not. They cannot misrepresent their item...knowingly or unknowingly....and if such misrepresentation is discovered by the buyer after the fact, the seller is still responsible. The only case they would not be is if the seller sells "as is", and "as is" requires that the buyer be able to inspect the item, or have the item inspected, prior to purchase. "As is", therefore, is not allowed on eBay, and it certainly doesn't apply when someone makes an affirmative representation about an item's condition.

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kav

kav

Posted
Posted (edited)

Yes they are responsible and should offer full refund for return.  Which he did.  Not a partial for having book pressed and gold plated that then went sideways.

Edited by kav
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kav

kav

Posted
Posted (edited)
31 minutes ago, BSeldin305 said:

He did not offer a full refund.  

 

E0C13665-2DA5-4418-8A4D-49EF77B46416.jpeg

   would you accept a full refund return?  deslab or whatever?  if you make this offer and he refuses then i will end my support for his side.  

He didnt offer a full refund but did you ask for one?  Buyer can request one-seller doesnt have to say say hey want a refund? 

Edited by kav
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kav

kav

Posted
Posted (edited)

i understand you will be out the $100 invested but it would be like putting money in a car that turned out to be a lemon.   Judge Judy doesnt reimburse for that.

Edited by kav
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kav

kav

Posted
Posted (edited)
On 6/7/2019 at 4:51 PM, Peoplesjim said:

 Also why did you ask for a 100.00 partial refund? Why not ask PayPal for a full refund and send back the book?

:bump:

Edited by kav
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BSeldin305

BSeldin305

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Posted

I brought the issue to his attention and asked how he wanted to handle.  He told me CGC was wrong and to have to book regraded.  

At that point I suggested a $100 refund. That did not go well. 

PayPal has refunded me $100   

Would I take the refund now, probably - but he won’t  do it. 

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kav

kav

Posted
Posted (edited)
7 minutes ago, BSeldin305 said:

I brought the issue to his attention and asked how he wanted to handle.  He told me CGC was wrong and to have to book regraded.  

At that point I suggested a $100 refund. That did not go well. 

PayPal has refunded me $100   

Would I take the refund now, probably - but he won’t  do it. 

I would recommend he do it-both parties would be made whole and the matter could be put to rest.  If he wont this will not look good.  He says he is confident book is not trimmed and CGC got it wrong-so he will get that book back, plus pressed.  Any reluctance to do so would not look good.

Edited by kav
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Peoplesjim

Peoplesjim

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Posted

If the buyer hadn't tried to blast me on 2 messages boards, I would have worked it out.

He already had the chance to get a full refund, but didn’t take it and then wanted to have public bashing, on my business. 

The buyer just wants to rant and call me names.

Would others sellers do it at this point? 

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kav

kav

Posted
Posted
2 minutes ago, Peoplesjim said:

If the buyer hadn't tried to blast me on 2 messages boards, I would have worked it out.

He already had the chance to get a full refund, but didn’t take it and then wanted to have public bashing, on my business. 

The buyer just wants to rant and call me names.

Would others sellers do it at this point? 

DO THE RETURN!!!  For god's sake this is what needs to happen!!!!  You can take the high road!  It will cost you nothing!  Always take the high road!

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BSeldin305

BSeldin305

Posted
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Posted (edited)
10 minutes ago, Peoplesjim said:

If the buyer hadn't tried to blast me on 2 messages boards, I would have worked it out.

He already had the chance to get a full refund, but didn’t take it and then wanted to have public bashing, on my business. 

The buyer just wants to rant and call me names.

Would others sellers do it at this point? 

Dude, I gave you every opportunity to work it out.  The messages are there - you made ZERO effort.  

PS Me asking for $100 instead of a full refund is not akin to you offering a full refund.   You have never made that offer.  

Seriously, post one pic of you trying to work it out.  ONE PIC!

 

Edited by BSeldin305
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