Ebay Delemma

http://pages.ebay.com.sg/help/policies/uapp.html
The licence agreement plainly states that you cannot transfer the account or use the site if you are under 18

 

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Ive asked him to send the body bag back with the coin. If it is a different coin though........

 

Look, I am not going to argue this point any more. I have emails from ebay explaining the very rules in the user agreement you just posted. EBAY CAN DO NOTHING BECAUSE THE ACCOUNT IS IN HIS FATHER'S NAME. You are merely misinterpreting the rules.

 

:thumb:

 

Deleted

 

If the bodybag is not sealed or is easily resealable, there is no guarantee that it was your coin that the buyer sent to PCGS.

 

Excuse ME but this is not true. You can buy and sell under 18 with parental permission. I first sold on ebay in 2001 when I was FIFTEEN years old and never had a problem, using my dad's account of which he was fully aware and supportive of me. So unless ebay changed the rules in the last six years you are gravely mistaken and need to back off from going on to Cody about it.

 

While you may be technically correct from a legal standpoint, to me this is more a matter of integrity and character. There are many folks buying on Ebay who probably don't have the knowledge and skill to do so, but do it anyway. Some view them as sheep to be sheared. Others such as you take more of a buyer beware attitude and accept no personal responsibility for this sort of transaction. I spend a lot of time and attention trying to avoid both types and dealing only with people that you can trust on a handshake. This is how I was raised and how I raised my own kids.

 

Has anyone ever heard "Caveat Emptor"? It means "Let the buyer beware". Now, I'm not saying that Cody should stick it to this guy, but as I interpret this issue there are a couple of points to take into consideration:

1. The buyer could plainly see the coin in the eBay listing.
2. Cody has a set "return policy" that the buyer did not adhere to.

Now, we all know that Cody didn't intentionally misrepresent this coin. He believed it to be a PROOF and sold it as such. Oh, well! If the buyer had complained within the 7-day timeframe, Cody would owe him a full refund. A month and half later? No way!

Try getting your money back on a TV from Best Buy after 30 days. Good luck!

 

Yeah I agree that my situation wasn't the best.

The part that I put in BOLD is the reason we are talking here. Was Cody's dad or mom around when this coin was listed, have they been in this delemma since day one and what are their thoughts. If they don't even know about this then that makes it wrong for Cody to sell on ebay.

Speedy

 

Again, this is true - IF YOU GET WHAT WAS LISTED (ADVERTIZED OR WHATEVER). It is not true if you get something else. Back to my cars - does anyone else remember the people who got Cadillacs with Olds engines. Years later, GM had to refund moneys.

 

was the coin graded or looked at before hand to determine if it was proof? I am always skeptical about buyers switching the coin for another, and then asking for a refund.

 

This is really the bottom line.
The buyer thought that he stole the coin, and then he has now found out that he overpaid.
Hmm..if the coin had been slabbed as a Proof-69 would he have send Cody more money?
I think not.

Case closed, to me at least.

 

Any law student could answer this question about two-thirds of the way through his/her first year class in contract law: What are the Buyer's remedies if merchandise purchased is not as described by the Seller?

1. Every contract of sale includes an implied warranty that the goods sold are as described, unless expressly disclaimed (and many states prohibit such disclaimers).

2. Fault is never an element of breach of warranty, and therefore a Seller's good faith is no defense.

3. Seller has breached the contract and Buyer is no longer bound by any of its terms, including any limitations on return of the merchandise.

4. Buyer may elect to:

• A. Rescind the contract and return what he got in exchange for what he gave, including any delivery charges, etc., or
• B. Recover the benefit of the bargain, consisting of the difference between the value of what was sold and the value of what was delivered.

And let's face it - whether or not the buyer is lying about the PCGS bodybag is totally irrelevant since the coin in question is so clearly and obviously NOT a proof, and the auction listing so clearly and obviously said it was.

 

hontonai:
Your assessment is fine-- to a degree.
Isn't there a consideration for the contract assumed to be by a knowledgeable seller?
Cody did not present himself as a professional dealer, with umpteen years of experience.
(I'll re-read the listing and comment below).
If you assertion is correct then every "estate sale" or "I don't kinda know nothin' 'bout coins" and would have an implied warranty without limitation.

 

What am I missing. I have not seen any evidence that this is the case. In fact, 2 "experts" say the opposite.

 

Who are the experts in question?

 

In addition, in order for your comments to be valid, dosen't there need to be an 'intent to deceive'?

Not arguing, just asking.

Otherwise wouldn't every coin deal, say 'nice original toning' be invalid upon the desire of the purchaser if he/she gets even one opinion tht says otherwise?

 

From the first page.

 

Got it, Thanks...