Paypal reversal for sellers restocking fee

See above. If the seller provided something other than what what promised in the contract, that's a misrepresentation. That is one of the ways a contract can be invalidated. At that point the buyer no longer has any contractual obligations to the seller. I'd have a hard time believing that the author you mentioned would disagree. (As for any argument of "it doesn't always work that way," see my comment on the subjective nature of interpreting the law. However in this specific example, it would be very easy to make a convincing argument of misrepresentation by the seller, rendering the contract void.)

Read here for more information on contracts:

http://en.wikipedia.org/wiki/Contract

And also here, for detailed information on misrepresentation:

http://en.wikipedia.org/wiki/Misrepresentation

(And yes, I know a lot of people turn their nose up at Wikipedia, but this article is well sourced and contains many citations that show law and case history as sources for the article. If there's anything in there you can prove to be wrong, and have the source to prove it, feel free to say so, and go ahead and edit the article to reflect that.)

Anyway I'm done here... don't take my failure to respond to anything further in this thread as a concession by me that I'm wrong. Believe what you like.

 

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Sir, I feel your pain. A month ago I won a 1921 S Lincoln in UNC full red. Well when I got the coin she was pink. Pink with cleaning if you know what I mean and then the seller probably retoned it or purchased it already doctored. My point is I was out almost 350 dollars. Well I got my money back and the seller was ok with it but did complain and whine about it. I had to dispute because the seller wouldn't give me my money back until I did. It was like he wasn't worried about it until the email from paypal came down.

 

I don't even look TWICE at his auctions and you didn't even have to tell me his name. What a joke! Just about every coin I have seen him grade is off by at least 2 to 4 points.

 

I have a different type of question for those with a legal background. If a seller intentionally sent wrong coins, or knowingly sold dipped coins without disclosure or other Superfluous Grading Scams, and these items were sent through the US mail, does that not constitute mail fraud? Is the “intent to defraud” too hard to prove? Or am I way off base on that?

Below is from USPS.com

Title 18, United States Code
Section 1341. Frauds & swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1 million or imprisoned not more than 30 years, or both.

 

Thank you ! I'm sure I'm not the only one grateful for men like you. :thumb:

Personally, I'm glad you got your restocking fee back.

But I can understand both sides of this one.

As a small-time vest-pocket man, a restocking fee is unthinkable for me. I've never had a return, but if I did, restocking is nothing more than opening the package and putting the coin back where it was before.

But clembo's point is well-made - some big operations have more overhead in handling these items.

But most importantly, hontonai's point is that the terms were clearly stated in the listing, and that makes it a contract.

If one likes the coin but not the terms, either walk away *-OR-* renegotiate terms BEFORE bidding.

 

Right there is another vital facet on this whole deal.

A dealer can win the battle but lose the war.

S/he can win their piddly "restocking fee" battle but lose the customer. Penny-wise but pound-foolish.

Contract law is important, but keeping the customer happy is always key.

A central issue on this thread is "misrepresentation". Nobody likes bad surprises. Represent the coin honestly, disclose small flaws which don't show up in photos. When the buyer opens up the package, he'll be happy most of the time.

In sight-unseen deals, top TPG slabbed coins are a major advantage. It tends to remove the shouting match on numerical grade. Raw coins are notoriously overgraded - it's human nature.