Ebay Delemma

Discussion in 'Coin Chat' started by codydude815, Nov 8, 2007.

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  1. Treashunt

    Treashunt The Other Frank

    Steve:
    Very well stated, especially : "at what point in time is Cody absolved - if the buyer had waited 2 more weeks, 2 months, 2 years? " and "why is Cody responsible for the lack of knowledge of the buyer."
    :thumb:
     
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  3. GDJMSP

    GDJMSP Numismatist Moderator

    He isn't responsible for the buyer's lack of knowledge, not in any way. And if it were just a question of grade, then I would be right behind Cody backing him that he owes the buyer nothing. But it is not a question of grade - it is a question of the coin not being what he said it was.

    Had Cody listed that coin as MS this wouldn't even be being discussed. But he didn't, he said it was Proof. And because he did not deliver a Proof that negates and wipes out the 7 day limitation. In other words Cody is never absolved.
     
  4. Treashunt

    Treashunt The Other Frank

    Time to break out the sack cloth & ashes.
    Oops, don't forget the hair shirt and periodic beatings.
     
  5. ziggy9

    ziggy9 *NEC SPERNO NEC TIMEO*

    If it were a matter of difference of opinion then Cody would have been off the hook after 7 days. It is however, a matter of fact. The coin either is or isn't a proof and Cody doesn't have the "proof" to back up his statement. "Buyer Beware" is in actuality a warning to be aware that there are unscrupulous people out there that are out to swindle you. Cody says that this was not his intent therefor he should (and has stated that he will) make good on a refund. If the buyer wants his shipping back he would have good arguement for that as well. Grading costs on the other hand are in this case like paying for an insurance policy. You may get a settlement but you dont get your premiums back!

    Just my thoughts
    Richard
     
  6. Arizona Jack

    Arizona Jack The Lincoln-ator

    If buyer provides proof, how about that Cody "help" auction. I have had some interest via email already.

    Let me know. In my opinion, buyer gets a refund if he provides his PCGS doc's as he stated he has in possesion. Period.

    If not, Cody will be forever one of those we talk about on ebay who you must watch out for.
     
  7. GDJMSP

    GDJMSP Numismatist Moderator

    I'll go one better Jack, I'll provide 50% cash. That should get ya started ;)
     
  8. gatzdon

    gatzdon Numismatist

    Just curious, several people have indicated that Cody's pictures were sufficient to determine the coin is not a proof, what observations about the coin lead to that conclusion??
     
  9. GDJMSP

    GDJMSP Numismatist Moderator

    The surface of the coin for one, the '36 Proof had mirrored fields. The luster for another, Proof luster is entirely different than business strike luster. And lastly the quality of strike - all Proofs are struck at least twice. This creates squared off rims and legends with the devices having very sharp detail. Place a Proof next to a business strike of the same date and the difference can be seen at a glance.
     
  10. Arizona Jack

    Arizona Jack The Lincoln-ator

    Doug, you rock !!!

    As for proof/business strike? Rims and strike are the things I look for. Some early satin proof Lincolns are hard to spot. Sometimes, you can pick one up as a * BU * if you have good eyes and know what to look for. Like GDJSMP said, proofs are struck twice, there is no weakness in lettering at all, and strong square rims are the rule.
     
  11. Cloudsweeper99

    Cloudsweeper99 Treasure Hunter

    I didn't say he did. What does it say about society when acting with integrity and character in commercial transactions is considered "tough?"
     
  12. Arizona Jack

    Arizona Jack The Lincoln-ator

    When you make claims, you must back them up, no time frame matters.

    Look at the coin and the sale dates. I lost big on this one. Buyer provided PCGS proof, no questions asked refund with costs was given instantly. Buyer had already left feedback as well, came back 5 weeks later for a refund. My policy is no refunds on slabs.

    EDIT: Buyer sent to PCGS for Vam attribution

    I bought wrong myself to start, then sold this:

    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=110163767069

    Came back from PCGS, so I sold this:

    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=110185153094

    Lost $$$, but I still sleep well.
     
  13. Treashunt

    Treashunt The Other Frank

    GD:
    Question: 50% of what?
     
  14. hontonai

    hontonai Registered Contrarian

    Statutes of limitations vary from state to state.

    In California the time limit for suing on a written contract is four years, but I've heard of limits as low as 2 years and as high as 10 years.
     
  15. Arizona Jack

    Arizona Jack The Lincoln-ator


    morally, it never runs out
     
  16. codydude815

    codydude815 Wannabe coin dealer

    Thank you all for your generausity (or however you spell it) :D
     
  17. Arizona Jack

    Arizona Jack The Lincoln-ator

    Cody, has buyer sent a reply with any documentation mentioned? This auction may not happen if he does not produce.
     
  18. Eyesee

    Eyesee Member

    Since this topic has become so HEATED, I asked a lawyer client of mine today their opinion.

    There are legality issues here because of Cody's age. Which everyone apears to discount or overlook. I know I will get flamed again, but it is a problem!

    The question is can Cody enter into a contract on EBay to sell the item in the first place as he is only 14?

    Legal answer. Absolutely not! EBay constitutes a contractural agreement.
    As he is under age, there is no contract. The transaction is void.

    Ebay requires all posters to be over 18 for exactly that reason.
    Read the EBay licence agreement again. It plainly says you MUST BE 18 to post!
    http://pages.ebay.com/help/policies/user-agreement.html
    While using the Sites, you will not: use the Sites if you are not able to form legally binding contracts, are under the age of 18

    It says nothing about parents consent or using your parents account

    So basically what you have done is both unethical and illegal

    The buyer is due a full refund or you can be sued

    Actually, you cant be sued for the same reason. But your parents can!
    Parents are the responsibility of a minor, which is what you are
     
  19. codydude815

    codydude815 Wannabe coin dealer

    Eyesee, i would apricieate it if you did not post any more on this topic. I know you are starting to annoy 4 people, including me. This topic has noting to do if i am of age or not, but what action i should take. Please, if you post here, please stay on topic. If a mod or an admin has a problem with this post, go ahead and remove it, just lettin' ya know I understand ahead of time.
     
  20. Eyesee

    Eyesee Member

    Your age has a LOT to do with it young one!
    You have a legal issue here
    They law says you cant enter into a contract until you are 18, PERIOD!
     
  21. Speedy

    Speedy Researching Coins Supporter

    I really don't think that was nice---as far as I know he has "annoy" no one and the only reason he is annoying you is because he is telling you that you are doing something wrong.
    Now when you start a thread on a open forum you can't pick who can post and who can't...you ask for thoughts and ideas and that is what he is giving. You should be glad that he went as far as asking a lawyer for you...normally lawyer's don't come free.

    Speedy
     
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