I tried handling this peacefully . . . Now what do I do?

Discussion in 'Coin Chat' started by ToughCOINS, Jun 16, 2018.

  1. baseball21

    baseball21 Well-Known Member

    No there’s nothing the buyer can do. Once the seller cancels and refunds the money it’s over and done with and there’s nothing you can do.
     
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  3. ToughCOINS

    ToughCOINS Dealer Member Moderator

    I didn't let them cancel . . . I held their feet to the fire, and made them cancel their agreement with the offender.
     
    MontCollector likes this.
  4. MontCollector

    MontCollector Well-Known Member

    What good does that do? I always thought an auction was a contract. Once the hammer dropped the deal was done. Both the buyer and seller agree to this when they sign up to the auction. Whether It's eBay, Barrett Jackson, or even your local charity auctions. That's how auctions work.
     
  5. ToughCOINS

    ToughCOINS Dealer Member Moderator

    You're wrong, as I successfully forced the seller's hand.
     
  6. MontCollector

    MontCollector Well-Known Member

    Exactly what I would do if given the chance.
     
  7. baseball21

    baseball21 Well-Known Member

    Not on eBay. This is one reason why people are getting away from auctions there. Buyers don’t have to pay, can cancel bids at will ect. Sellers can cancel sales if they want too as they should be allowed to since buyers can. It’s not like Heritage or Legend with legit buyer terms where you’re expected to pay and really have to pay.

    They chose to give in then. I’ve been flat out told by eBay you can cancel whatever you want. You can threaten negatives and such but you cannot force anything other than a refund other than through peer pressure
     
  8. ToughCOINS

    ToughCOINS Dealer Member Moderator

    Again you're wrong, at least partially . . . if a seller claims they are not shipping an item because they broke it or damaged it before shipment, you can still insist it be delivered, AND you still have the right to return it, if that privilege was advertised in the listing.

    In my case, the seller was obliged to request and receive consent from me before he / she could cancel the sale. Not having done so is a breach of contract. eBay's refusal to enforce, had it been necessary and had they chosen not to, would still leave me with legal remedies to pursue, if I so chose.

    In my case, the seller had a very good feedback record to preserve, so it was easy to get the right results.
     
  9. baseball21

    baseball21 Well-Known Member

    As long as the money gets returned to the buyer that’s the end of it. Every retail setting has the right to refuse a sale or cancel a sale with customers as long as it isn’t from discrimination. Given the annomity of the Internet discrimination is almost impossible to prove.

    Suing someone over it when the money was returned is essentially just trying to beat someone over the head and throw money around hoping they cannot afford to fight it. If they can they would almost certainly eventually especially since the mere presence of the law suit is evidence of an unhealthy business relationship that every seller and company would want to end as fast as possible. There may not even be anything for you to sue for if they have everything shielded like some companies do. Regardless a loss would result in a massive counter claim for all fees and damages which would be very pricey.

    There is someone who has been doing exactly that for years suing random sellers over everything. His victories have been overturned when he has actually won but since he’s a lawyer he keeps appealing forever trying to bankrupt the other side into bid settlements
     
  10. ToughCOINS

    ToughCOINS Dealer Member Moderator

    There are cases being overlooked . . . especially in real estate transactions, where a P&S has been signed and reneged on by the seller without sufficient basis. I have not actually seen a seller willing to go to court to defend their actions because in every such case where they were obviously in the wrong, they settled, completing the sale with the original buyer.

    I'll grant you, that is in real estate, and not on eBay, but it still speaks to the inability to defend one's poor choices, especially when made without justification.
     
  11. baseball21

    baseball21 Well-Known Member

    Absolute for real estate. Real estate actually has contracts and an industry norm that after a certain point in the process both sides have to agree to back out.

    eBay however doesn’t have those iron clad contracts and the industry norm there is actually that people can cancel or not pay if they want.
     
  12. BigTee44

    BigTee44 Well-Known Member

    Can you at least state what state the buyer lives in?
     
  13. TheMont

    TheMont Well-Known Member

    I'm sorry, but I blame the Sellers for backing out of the deal. I would give them a negative if the sale was still recorded on eBay. Neither Sellers or eBay like negative feedbacks.
     
    serafino likes this.
  14. BooksB4Coins

    BooksB4Coins Newbieus Sempiterna

    First, and perhaps I missed it, but I hope you're using a dedicated buying account unconnected to your primary. If not, it may be a good idea in the future.

    That said, there sometimes is a difference between what's right and what's wise. Read between the lines and take as you will.
     
    Numismat likes this.
  15. ToughCOINS

    ToughCOINS Dealer Member Moderator

    Heard loud and clear, and perfectly understood.

    I don't believe in concealing how I buy my coins simply because I resell them at a profit, even though many other dealers have multiple accounts.

    Some coins I make great money on, some I lose on, and the majority bring a reasonable profit, albeit after a fair bit of waiting. I don't negotiate away my high margin coins simply because a buyer knows what I paid. I'm just as entitled to the occasional score as the next guy.
     
    Jaelus likes this.
  16. baseball21

    baseball21 Well-Known Member

    It's more so so that if something happens to you as a buyer and you have to force a refund or something that they can't take revenge on your selling account
     
  17. ToughCOINS

    ToughCOINS Dealer Member Moderator

    In past contentious scrapes with unscrupulous sellers, and there have been a few over the years, I have blocked them immediately after receipt of refund so they cannot put themselves in a position to do that.
     
  18. baseball21

    baseball21 Well-Known Member

    Which is smart, but they may also have another buying account and it isn't unheard of for someone made enough to make a new one to mess up an account.

    I am in complete agreement with you though the whole trying to hid purchase price thing some do is just silly
     
  19. Bert Gedin

    Bert Gedin Well-Known Member

    ToughCOINS. Although I was doing some tough talking, I was being honest, and you took it very well. There is lots of "info" online, re. U.S. laws for Auctions. eBay - there is also lots about it. And of Cheating at Auctions. You could try Googling some such titles. BBC News, although for the U.K., and not the U.S.- "How do you catch online auction cheats ? - An eBay trader has been given a community service order and made to pay nearly £5,000 in fines and costs for bidding on his own items to increase the price." Etcetera. (A conviction under the Fraud Act can lead to a maximum fine of £5,000 per offense and up to 12 months in prison."). Do, if you wish, keep us informed, and let us know if you succeed in making any progress - which you richly deserve !!!
     
  20. justafarmer

    justafarmer Senior Member

    Unless the terms for using Ebay expressly addresses this issue - actually there is a contract - between the buyer and seller. Once the seller gave notice to the buyer of cancelling the sale - there is an Unequivocal repudiation of the contract, before the commencement of its performance. An anticipatory breach gives the aggrieved party an immediate legal right to sue for damages as if it were a fundamental breach of contract, and releases it from its obligations under the contract. Two types of anticipatory breaches are: (1) Express repudiation, a clear refusal by a party to perform a contract. (2) Implied repudiation, an act of a party that puts the performance of a contract out of its own power to perform (such as when a party sells off its tools or other assets required in performance of the contract). Once the seller provided provided clear refusal to perform - it became a voidable contract which is left to the discretion of the aggrieved party in the circumstances presented herein - the buyer.
     
  21. Bud1 Wilson

    Bud1 Wilson Well-Known Member

    It is ALL about MONEY toughcoins, makes Bud mad.
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