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Online Auction Hypothetical For Your Opinion...

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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  2:34 pm Show Profile   Bookmark this topic Add halfabustisbetter to your friends list Get a Link to this Message Number of Subscribers
Let's say you listed a coin with a Buy It Now price and a buyer used the Buy It Now. Then you noticed that instead of typing in $495, you accidentally typed in $49.50. You explained it to your buyer, but he said he would not like a refund and would like the coin. ebay rules state that sales between a buyer and seller are a contract.

What would you do?
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Sleaklight's Avatar
United States
827 Posts
 Posted 08/21/2007  2:49 pm  Show Profile   Bookmark this reply Add Sleaklight to your friends list Get a Link to this Reply
I'd run and hide in the bushes probably. That is way too big of a loss in my opinion or I would try and work something out with ebay indicating the error in the BIN price give them links to pages where the value can be assed of what you were selling so they can see that it indeed was a mistake and not just an attempt to defraud the buyer... I dunno, I think that is what I would do.
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Scottishmoney's Avatar
United States
597 Posts
 Posted 08/21/2007  3:01 pm  Show Profile   Bookmark this reply Add Scottishmoney to your friends list Get a Link to this Reply
Hopefully you preview your auction before you hit the start button.
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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  3:21 pm  Show Profile   Bookmark this reply Add halfabustisbetter to your friends list Get a Link to this Reply
Right, I know, ebay gives you every opportunity to check your listing. But, for argument's sake, let's say you used Turbo Lister and let one slip by.
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chrsb's Avatar
United States
936 Posts
 Posted 08/21/2007  3:44 pm  Show Profile   Bookmark this reply Add chrsb to your friends list Get a Link to this Reply
In layman's terms "your screwed". For something like that I might have to take the negative hit or work something out with the buyer, something to "cut my losses". I am sure there are people who will state the "binding contract" thing and tell you to suck it up, lick your wounds and move one, lesson learned etc... In the end you need to do what you feel is right.
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garylcsr's Avatar
United States
1952 Posts
 Posted 08/21/2007  4:04 pm  Show Profile   Bookmark this reply Add garylcsr to your friends list Get a Link to this Reply
I would contact ebay and let them figure out how to deal with it. I am not positive but I think they have a person that just works out errors as yours. and it is an error so you are not bound by it. the buyer knew it was an error when he/she bid. I would not take a loss like that. but the decision is yours but I think I would take the red dot before I gave away $400.00 that is just my opinion though. you will get reamed here sooner or later buy the die hard contract guys but wipe it off and move on.
Gary
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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  4:22 pm  Show Profile   Bookmark this reply Add halfabustisbetter to your friends list Get a Link to this Reply
Does it really matter what the buyer knew? Let's say the buyer didn't know it was an error, it was a first-time coin buyer who just decided to purchase that particular coin. Saw it, liked it, bought it. Now the seller is telling the buyer that the buyer should be responsible for knowing how much something like that should be listed for. What if it were the other way around? You listed an MS-64 1909 VDB cent for $5000 and a bidder used your buy it now. Then they see that there was no "S" on the coin and they overpaid by more than $4900. They email you and say there's no way they're going to pay the $5000 as agreed and you should have known better than to list your coin for that much.
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coop's Avatar
United States
62064 Posts
 Posted 08/21/2007  4:59 pm  Show Profile   Bookmark this reply Add coop to your friends list Get a Link to this Reply
I would say, don't give into to that mistake. You could mention the mistake in the negative you will get that it was in error. Take the hit on the chin and not in the stomach. Make make a peace offering of a gift coin, but not the one listed. That helped smooth over a seller who couldn't find the proof set after moving. They gave me a replacement of something and sent my money back. When they found it later on they sent it to me at no charge. Kept me from giving a negative to them.
Edited by coop
08/21/2007 5:02 pm
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Bonedigger's Avatar
United States
1267 Posts
 Posted 08/21/2007  5:01 pm  Show Profile   Bookmark this reply Add Bonedigger to your friends list Get a Link to this Reply
I would have been more careful.

Ben
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hunter20ga's Avatar
United States
1173 Posts
 Posted 08/21/2007  5:06 pm  Show Profile   Bookmark this reply Add hunter20ga to your friends list Get a Link to this Reply
Contact a lawyer. Of course...your legal fees will run more than what you'll lose on the coin.
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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  5:20 pm  Show Profile   Bookmark this reply Add halfabustisbetter to your friends list Get a Link to this Reply
For what it's worth, this is hypothetical situation for discussion. I did not list a $495 coin for $49.50. I'm not sure I own a $495 coin.
Valued Member
United States
259 Posts
 Posted 08/21/2007  5:23 pm  Show Profile   Bookmark this reply Add chasinva69 to your friends list Get a Link to this Reply
Is this a coin that's worth about $495? The hypothetical only states you planned to list it for that, but it doesn't indicate what it is actually worth.

It seems clear that a contract exists. There was an offer, an acceptance, and there is consideration (money).

I take it you're asking if there is grounds for the seller to get out of this contract?

Probably not. Mutual mistake is grounds to rescind a contract (no meeting of the minds), but we don't have that here because only one party made a mistake. The identity of the object offered for sale is not in question.

Here's where disclaimers come in handy. Ever see in a newspaper ad the statement "not responsible for typographical errors?" You might want to consider adding that statement as boilerplate in all future listings.

However, if the coin really is worth $495, it would be worth presenting the dispute to E-bay for resolution, They might well allow you out of the deal to avoid a manifest injustice.
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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  6:02 pm  Show Profile   Bookmark this reply Add halfabustisbetter to your friends list Get a Link to this Reply
Hypothetically, let's say the coin "I" planned to list at $495 was purchased from Teletrade for $380 but is listed in the PCGS Price Guide at $515.
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trdhrdr007's Avatar
United States
2335 Posts
 Posted 08/21/2007  6:14 pm  Show Profile   Bookmark this reply Add trdhrdr007 to your friends list Get a Link to this Reply
This reminds me of something that happened to me one summer when I was still a plumbing contractor. A General Contractor showed up on the job & asked for a bid. I threw the prints on the hood of the truck, looked 'em over & gave a price. The GC agreed & it was a done deal. I found out a month later when I showed up on the job that I had completely missed a half bath. I underbid by $700. I didn't like it but I did the job for the price I quoted.

I don't see any difference here. What a person does in a situation like this defines who they are. We already know the buyer is willing to take advantage of an honest mistake, but that shouldn't have any bearing on the sellers actions.
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halfabustisbetter's Avatar
United States
1984 Posts
 Posted 08/21/2007  6:19 pm  Show Profile   Bookmark this reply Add halfabustisbetter to your friends list Get a Link to this Reply
Excellent points. Did you think the GC was taking advantage of you in your instance?
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trdhrdr007's Avatar
United States
2335 Posts
 Posted 08/21/2007  10:31 pm  Show Profile   Bookmark this reply Add trdhrdr007 to your friends list Get a Link to this Reply
I talked to the GC about it when I gave him the bill. He told me that he was surprised I gave him that bid, because it was a couple hundred lower than another plumber who wasn't considered as good. He did offer to bump it up to the other guys bid (I declined the offer), & I did other jobs for him later, so I guess I didn't feel like he cheated me. Unlike the buyer in your hypothetical he at least offered to share the pain. I didn't do any more truck hood bids after that.
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