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Nominating RICK STARR
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341 posts in this topic

6 minutes ago, Ryan. said:

People really need to stop writing "usual rules" apply. It's meaningless. 

well in this case "usual rules" Means 30 days to complete transactions... so it hurts Rick's case in this situation. 

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22 minutes ago, Number 6 said:

Check was listed as John’s preferred method of payment (presumable to avoid PayPal fees). 
 

I think it’s a safe assumption that John is aware of the mail slowdown due to COVID. So while 2 weeks would be a reasonable amount of time pre-COVID, is it still reasonable now?  Sure he received his checks from other buyers in a timely fashion but that’s the issue: mail is hit-and-miss right now. 
 

Did John state in his sales thread that his preferred method of payment had to arrive within 2 weeks or the deal was void?  If not, then it seems the standard 30-day rule would be the default. 

Would be nice to say mail runs at consistent times during Covid, but that is far from the case.  Some packages I send arrive in 2 weeks, some in 3, some longer! Depends on their route.

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1 hour ago, RICK STARR said:

Ok, this will be my only response to this thread.

First, as of today, still no check has arrived from Mr. Rice (14 days now). Secondly, if the situation was reversed, I would have asked him for first dibs on the BB 113 if and when he decided to sell it. I would have done that for Mr. Rice, if he asked, but not so at this point.

"Sorry I screwed you out of book, how does dibs sound?"
'Take your book, insert it in orifice A, then shove with x amount of force until you reach destination y.'

1 hour ago, RICK STARR said:

I have allowed a very, very reasonable amount of time for payment. Other buyer's checks have arrived from the states of California and Washington to Maryland in a timely matter. His accusations of me favoring big-time dealers over him is, of course, nonsense and offending to me. At least I can say is they paid on time.

So, no monies exchanged hands, a very reasonable amount of time has been allowed for payment. I decided I want to keep the book for myself and not because I got a better offer from a dealer.

There are no forum guidelines, that I can see, about time limits for non payment. I suppose in future sale threads, if at this point I ever do so, it should be stated so.

Time until receipt of payment never seemed to be an issue for you based upon your own responses to @thewritestuff.

1 hour ago, RICK STARR said:

I am sorry Mr Rice feels he has been " screwed over". I don't see it that way.

 

 

You strung him along by expressing understanding and patience with the current plight of the USPS, then reneged on the deal out of the blue.  Yes, you screwed him.

 

Having now seen the pm thread, this is one man's opinion, @RICK STARR.  

 

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Just now, BuscemasAvengers said:

Would be nice to say mail runs at consistent times during Covid, but that is far from the case.  Some packages I send arrive in 2 weeks, some in 3, some longer! Depends on their route.

The timeframe is fairly irrelevant to me on this. OP was very fastidious in his communication and there is no indication that he was leading the seller on in any way. Preferred payment was check and checks travel by snail-mail which is extremely hit-and-miss right now. This is a simple case of buyer's remorse. He just had extra time to mull it over. 

That said, these cases are weird. No one is out money and neither person would likely want to do business with the other under any circumstance at this point. I think it's PL-worthy based on the letter of the law but that does seem extreme.

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2 minutes ago, bb8 said:

The timeframe is fairly irrelevant to me on this. OP was very fastidious in his communication and there is no indication that he was leading the seller on in any way. Preferred payment was check and checks travel by snail-mail which is extremely hit-and-miss right now. This is a simple case of buyer's remorse. He just had extra time to mull it over. 

That said, these cases are weird. No one is out money and neither person would likely want to do business with the other under any circumstance at this point. I think it's PL-worthy based on the letter of the law but that does seem extreme.

Agreed B ... just would be funny if the check showed up (that would seem to eliminate the 'timely payment' debate because it was not in the control of the buyer).  And he did offer other options to pay.  Seems to point to remorse for me, and I find the incident having intriguing parallels to the 'agamoto incident' last week.

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9 minutes ago, wombat said:

I know the PL is not like HOS with a vote. Who makes the ultimate call if it is PL worthy?

That’s below my pay grade.  This isn’t HOS worthy. 

Edited by Buzzetta
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1 minute ago, wombat said:

I know the PL is not like HOS with a vote. Who makes the ultimate call if it is PL worthy?

This is one aspect of the PL that, at least in my experience, is a good example of hard rule mitigated by custom. By the hard rule the hammer is with the person doing the nominating, so here the buyer, as he is the wronged party and that puts the ball in the seller's court to answer to the grievance. By rule if Rick Starr just walks away from this as is, the buyer can ask that he be added to the list, and 99% of the time that is what happens. That said, sometimes parties involved in a PL dispute are moved one way or another by community opinion, to do or not to do, to reconcile possibly, if there is a consensus among the community that something on either side is too extreme or unreasonable. But that said, imo, based on what I have seen since being a member here, and given the present narrative, if the seller walks away from this the buyer has a right to put him on the PL. That is just my 2c

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6 minutes ago, wombat said:

I know the PL is not like HOS with a vote. Who makes the ultimate call if it is PL worthy?

PL.thumb.PNG.000e37b58c93f5f10cc6a7fc0a7f2b39.PNG

Seems like we're in a "B" situation here. Conditions of the transaction (assuming that the check was sent, and does eventually show up within a reasonable time, which may be more than 30 days since we're on COVID time at the moment) are not being met. 

The path off the PL is pretty simple. Send the book to complete the transaction. I'm not sure what other path is possible in this situation. If RICK can find another copy of the book in the same grade and proctor a $1900 transaction for it, I suppose that would also work. 

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@thewritestuff from your perspective is there any other way that @RICK STARR can "make you whole"? (knowing that the best solution is that he just sends you the book once your check arrives)

Offer you a different book/s worth the value of the BB113? 

Pay you in the future what ever the book increases in value above the $1900 you were to have paid for it (essentially meaning he gets his $1900 whenever in the future when he sells it, and you get what ever he makes over the $1900 value that is "frozen" at due to the failure to complete the transaction)? 

Refund your money (or just tear up your check) with a penalty? (Like an inverse restocking fee?)

 

(caveat: None of these a GOOD ideas, just trying to think of other routes for the buyer to get made whole in some way, that de-incentivizes sellers in the future from reneging on agreed upon transactions) 

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