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Pillar of the Community

Canada
1248 Posts
 Posted 07/08/2009  3:27 pm Show Profile   Bookmark this topic Add hhbkiddo to your friends list Get a Link to this Message Number of Subscribers
Recently I won an auction which was titled
1946 Dollar.
the posted picture very clearly showed a 1945 Dollar (value about 3x as much as a 1946. The seller sent a 1946 dollar. when questioned, he insisted it to be a 1946, as he never had a 1945.
he offered to refund the purchase price.
My position is he posted the 1945 picture on purpose.
I am not happy with just getting a refund. Since his post was faulty, he should be liable for the consequences, like postage both ways.
I suggested to him that the coin is now owned by myself and if he wants it back he has to pay the expenses. I also suggested that he knew it was a picture of a 1945 dollar. (perhaps a ghost put up the pix of a 45? lololo)
If I make a mistake in my business, I am liable.If a seller makes a "mistake", the seller should be liable.
what is my position under US law?
here is the original ebay listing:
http://cgi.ebay.com/ws/eBayISAPI.dl...110391131700

any advise would be much appriciated
HHB
Rest in Peace
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jgfindring's Avatar
United States
1380 Posts
 Posted 07/08/2009  3:49 pm  Show Profile   Bookmark this reply Add jgfindring to your friends list Get a Link to this Reply
I tend to agree with you that the 1945 picture could not have been an accident if he is purporting those pictures to be the coin you were bidding on. I think it was done to drive up the bidding. He should pay shipping both ways if he wants to retain his feedback rating.
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trdhrdr007's Avatar
United States
2335 Posts
 Posted 07/08/2009  4:11 pm  Show Profile   Bookmark this reply Add trdhrdr007 to your friends list Get a Link to this Reply
The title says 46 with a picture of a 45. Maybe the seller made a mistake, maybe he was trying to rip people off. Based on what he emailed you I suspect it was the 2nd option.

However, it looks to me like you were hoping to take advantage of someone else's mistake. Now you want more than a refund because it didn't work out. Why didn't you ask the seller what coin he was selling if there was any doubt in your mind?

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chequer's Avatar
Canada
4227 Posts
 Posted 07/08/2009  4:24 pm  Show Profile   Bookmark this reply Add chequer to your friends list Get a Link to this Reply
Anyone can commit a mistake ("can" being the optional word here, as there's a possibility the seller didn't make one) and I agree that the seller should provide a refund, including postage costs. That would satisfy me had I won the auction.
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snowman's Avatar
United States
1840 Posts
 Posted 07/08/2009  4:32 pm  Show Profile   Bookmark this reply Add snowman to your friends list Get a Link to this Reply
Maybe you should have asked ahead of time since it appears that you noticed a discrepancy with the auction listing and the picture. If you knew there was a chance that you would not receive a 1945 dollar, then you took an obvious risk and should share some of the blame(and shipping costs if you return the coin).
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garylcsr's Avatar
United States
1952 Posts
 Posted 07/08/2009  4:46 pm  Show Profile   Bookmark this reply Add garylcsr to your friends list Get a Link to this Reply
if you bid on a 46 and got a 46 whats the problem?
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bill069's Avatar
United States
608 Posts
 Posted 07/08/2009  4:56 pm  Show Profile   Bookmark this reply Add bill069 to your friends list Get a Link to this Reply
You saw and knew there was a mistake, you should have asked before bidding. You were trying to take advantage of his mistake and it back fired for you, and now you're ticked-off!
We all make mistakes, take the refund and learn from it.
Valued Member
United States
230 Posts
 Posted 07/08/2009  5:51 pm  Show Profile   Bookmark this reply Add fiddler to your friends list Get a Link to this Reply
I don't know about the rest of you but that sure looks like a 6 to me. I think the coin in the ebay listing is a 1946 as stated in the description
Pillar of the Community
United States
1231 Posts
 Posted 07/08/2009  5:57 pm  Show Profile   Bookmark this reply Add onejinx to your friends list Get a Link to this Reply
I agree with a few others that you should have emailed the seller before bidding.

And as gary stated if you bid on a '46 and got a '46 what's the problem.

Unless you were really hoping it was a '45 and overbid. And that could have been avoided if you had emailed the seller before bidding.

And was the cost of shipping really that expensive to fight over it?
Locked
822 Posts
 Posted 07/08/2009  6:35 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply
I think you were being as sneaky as you assume the seller was trying to be, but you're mad at him, and publicly degrading him, all the while holding yourself faultless. Somewhat childish really.

If I knew your ebay ID, you'd be on my BBL.
Pillar of the Community
Canada
1248 Posts
 Posted 07/08/2009  7:06 pm  Show Profile   Bookmark this reply Add hhbkiddo to your friends list Get a Link to this Reply
Scubu,
you do not know what you are talking about. And sometimes it is better to be quiet, especially when one does not know all the facts.
If YOU were a fair and objective person, you would not jump to conclusions, based on YOUR OWN assumptions, not facts. Such behavior is highly unfair and totally uncalled for.
I can accept being criticised fairly, no problem.
Nowhere and never did I say that I was not partly to blame. But your attitude and threats are totally uncalled for.
All I asked for is Information, NOT judgment.
Locked
822 Posts
 Posted 07/08/2009  7:20 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply
Oh please, you're not fooling anyone. It's apparent from the replies that pretty much everyone is seeing through your game here. They're just not as blunt as I am. You say you never said you weren't partly to blame, but you want EVERYTHING from the seller and don't want to eat one red cent to undo this transaction.

You knew the photo was different than the description and gambled that the seller made a mistake that he didn't realize and you rolled a seven. Deal with it.


Quote:
what is my position under US law?


So what, you gonna sue the guy cause your gamble didn't pay off, C'mon.
Edited by scubu
07/08/2009 7:25 pm
Pillar of the Community
Canada
1248 Posts
 Posted 07/08/2009  7:43 pm  Show Profile   Bookmark this reply Add hhbkiddo to your friends list Get a Link to this Reply
Thank you all.

Some of you are right and perhaps others also.
And some of you are jumping to your own conclusions without fact to back them up.
Fact is, it is NOT really a matter of the shipping cost. It is the seller's denial that it is not a 45 picture that is posted. It would have been a simple matter, very simple.
Fact is he said afterwards he never had a 45. That person is not telling the truth.
Yes I knew it said 46 and that is what I received. It is s really nice 46. Before I posted the first original post, I had already decided to keep the 46 and have it certified. It should actually make MS 64 and is already on the way since yesterday.
However, I was very curious what the situation is according to US laws (in case it happens to anyone else). That was my question. It has not been answered so far.
When I asked the seller after the auction he maintained it to be a 46 when the picture clearly showed a 45.
I sent him these pictures to prove my case.

Posted-Images-And-Description-Does-Not-Match

BUT the key question still is: what does US law say in a case like this ?
Not that I want to go that way... just for information. The 46 is a keeper.
It is really interesting how some of you immediately react and go either one way or another with it and by doing so easily loose the actual objective.
It looks like that even someone who knows me from Adam takes a very hostile position toward me. I do not need that.
Well, guys and girls, is that what this Forum is all about? Is it to issue personal attacks toward strangers? Or is it perhaps to make available information and knowledge we have individually so that everyone can benefit from that knowledge and the experiences others have had?
Perhaps I am wrong and perhaps I am jumping the gun here. (there is a saying where I come from: one or two bad apples do not make the whole crop bad)
I have great respect for anyone,their opinions and believes,and their right to freely express themselves. However wehn these actions are disrespectful and offensive, especially toward strangers,they then no longer deserve my respect.
I appologize to the good "apples" as they know who they are, for my suggestions.
But that level is not where I wish to be.

It was a pleasure being here and chatting with all of you about this

HHB
Pillar of the Community
ratman4762's Avatar
United States
2520 Posts
 Posted 07/08/2009  7:53 pm  Show Profile   Bookmark this reply Add ratman4762 to your friends list Get a Link to this Reply

Quote:
if you bid on a 46 and got a 46 whats the problem?
I think the problem here is that the seller didn't send the coin that he had pictures of in his auction. If you bid on a 1878 Morgan dollar because the picture looked Ms65.....and received a Au50 (because the coin sent was not the one pictured), you would no doubt be a little miffed about it. The seller in this auction referred to the coin listed as "this" and nowhere stated "stock Photo". He was obliged to send the coin shown in the photos. Don't rag on the buyer because the seller didn't uphold his end of the deal. Everybody bids at auctions hoping to get a deal, even though they are few and far between.
Rest in Peace
pls's Avatar
United States
1729 Posts
 Posted 07/08/2009  7:54 pm  Show Profile   Bookmark this reply Add pls to your friends list Get a Link to this Reply
I once bid on a coin which I thought was 1945, my birth year - the header stated "1945", and I didn't look very closely at the photo, which showed a 1943. The "3" was hard to discern as a "3" and not a "5".

When I received the coin, I realized that it was a 1943 and asked the seller if I could return it and receive a refund. He apologized for the listing error, I returned it at my expense, and I received credit for it.

No problem ... no jumping to conclusions ... no reference to laws ... no getting hot under the collar. We both had made a mistake, we took care of it, and we moved on.

Shall we do the same here?
Locked
822 Posts
 Posted 07/08/2009  8:03 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply

Quote:
I think the problem here is that the seller didn't send the coin that he had pictures of in his auction. If you bid on a 1878 Morgan dollar because the picture looked Ms65.....and received a Au50 (because the coin sent was not the one pictured), you would no doubt be a little miffed about it. The seller in this auction referred to the coin listed as "this" and nowhere stated "stock Photo". He was obliged to send the coin shown in the photos. Don't rag on the buyer because the seller didn't uphold his end of the deal. Everybody bids at auctions hoping to get a deal, even though they are few and far between.


It's not even close to a fair comparison. Grade is a matter of opinion. The year is not. It is what it is. Period.

A person with my opinion of proper morals, that sees the year in the photo is different than the year in the description, would question the seller about it first. Not complain and make demands after the cookie didn't crumble his way. It's downright wrong and unethical in my opinion. I stick by my guns, any buyer that tries to pull this with any seller will end up on my blocked bidder list every time.
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