Incredible eBay find that never materialized (newly discovered info on 6/26!!!)

[BobC]

Originally Posted by KMayUSA6060

I think eBay would like to hear about this. They presumably lost guaranteed money buy a transaction on eBay being cancelled in favor of a transaction involving the same card off eBay.

And also, wouldn't you potentially have a legal recourse against the original seller as well? I'm not a lawyer but, I know there is the possibility of a suit being brought for specific performance. But that is typically only for real estate transactions because of the specific and unique nature of such sales. Still, and you could confirm this with Ebay, I believe transactions executed using their platform are considered the same as a binding contract. If so, it sure sounds like you had completed the sale and offered adequate compensation for the item being purchased, and then got lied to as to what happened. And if in fact the Cobb postcard now for sale on Ebay at almost four times what you would have paid for it is the same card in the same PSA holder, you pretty much have him by the you-know-whats! At this point you probably can't force him to complete the transaction as he now longer has the card. But, you could at least ask for damages, which I believe should at least be the additional profit he made on screwing you and selling to this other guy who cut in on your deal.

It obviously is not worth it to formally go to sue this guy and pay an attorney to try taking him to court but, it couldn't hurt to threaten him with exposing what he did to Ebay and and also threaten to sue him for the difference he cost you, plus all the court costs and your attorney fees to go after him. From what you've said and shown, you have this guy dead to rights and can fairly easily prove he's guilty as sin of cheating you. Worst case scenario, he tells you to go pound salt, and you walk away knowing he's a jerk and never do business with him again. Better case scenario, he gives/pays you something so you don't go after him or report him to Ebay and you maybe have some money to at least go buy something else for yourself.

[sterlingfox]

I've already reported both parties to eBay, but I don't think it would be worth it for me to try and sue him for the difference between what I paid and what he sold it for.

He is also not responding to any of my messages, so I don't think a threat of a lawsuit will make any bit of difference to him.

My only hope from all of this is that maxcollector69 and showpiecessports both get exposed for what they did.

Originally Posted by BobC

And also, wouldn't you potentially have a legal recourse against the original seller as well? I'm not a lawyer but, I know there is the possibility of a suit being brought for specific performance. But that is typically only for real estate transactions because of the specific and unique nature of such sales. Still, and you could confirm this with Ebay, I believe transactions executed using their platform are considered the same as a binding contract. If so, it sure sounds like you had completed the sale and offered adequate compensation for the item being purchased, and then got lied to as to what happened. And if in fact the Cobb postcard now for sale on Ebay at almost four times what you would have paid for it is the same card in the same PSA holder, you pretty much have him by the you-know-whats! At this point you probably can't force him to complete the transaction as he now longer has the card. But, you could at least ask for damages, which I believe should at least be the additional profit he made on screwing you and selling to this other guy who cut in on your deal.

It obviously is not worth it to formally go to sue this guy and pay an attorney to try taking him to court but, it couldn't hurt to threaten him with exposing what he did to Ebay and and also threaten to sue him for the difference he cost you, plus all the court costs and your attorney fees to go after him. From what you've said and shown, you have this guy dead to rights and can fairly easily prove he's guilty as sin of cheating you. Worst case scenario, he tells you to go pound salt, and you walk away knowing he's a jerk and never do business with him again. Better case scenario, he gives/pays you something so you don't go after him or report him to Ebay and you maybe have some money to at least go buy something else for yourself.

[bnorth]

Originally Posted by sterlingfox

I've already reported both parties to eBay, but I don't think it would be worth it for me to try and sue him for the difference between what I paid and what he sold it for.

He is also not responding to any of my messages, so I don't think a threat of a lawsuit will make any bit of difference to him.

My only hope from all of this is that both maxcollector69 and showpiecessports both get exposed for what they did.

They did but there are only a couple people that will care. For the rest as soon as one of the sellers list something on their want list they will bid on it. It has been proven so many times on this forum that stuff trumps everything I have pretty much stopped caring if others get ripped off.

[commishbob]

...

[sterlingfox]

Fingers crossed!

[jfkheat]

I realize that you didn't get the card that you "bought" off of eBay but are you 100% sure the new seller of the card did anything that is against eBay rules. The two sellers aren't that far apart. It is possible that after the listing where you hit the BIN the original seller sold it at a card show or through a private deal that had nothing to do with eBay. It has been over 6 weeks since you hit the BIN. The first seller is an ass for not going through with the deal between you two. The current seller may be innocent of any wrong doings. Just an observation.
James

[sterlingfox]

The current seller is hiding behind a story that a "client" of his traded the card to him for an autograph, but he won't reveal any info about his so-called "client".

Even if he's not the one who bought the card off of maxcollector69, he's covering for his client who did.

Not innocent in either scenario.

Originally Posted by jfkheat

I realize that you didn't get the card that you "bought" off of eBay but are you 100% sure the new seller of the card did anything that is against eBay rules. The two sellers aren't that far apart. It is possible that after the listing where you hit the BIN the original seller sold it at a card show or through a private deal that had nothing to do with eBay. It has been over 6 weeks since you hit the BIN. The first seller is an ass for not going through with the deal between you two. The current seller may be innocent of any wrong doings. Just an observation.
James

[asoriano]

Originally Posted by jfkheat

I realize that you didn't get the card that you "bought" off of eBay but are you 100% sure the new seller of the card did anything that is against eBay rules. The two sellers aren't that far apart. It is possible that after the listing where you hit the BIN the original seller sold it at a card show or through a private deal that had nothing to do with eBay. It has been over 6 weeks since you hit the BIN. The first seller is an ass for not going through with the deal between you two. The current seller may be innocent of any wrong doings. Just an observation.
James

this ^

[timn1]

H*ll of an attitude...

Originally Posted by bnorth

They did but there are only a couple people that will care. For the rest as soon as one of the sellers list something on their want list they will bid on it. It has been proven so many times on this forum that stuff trumps everything I have pretty much stopped caring if others get ripped off.

[BobC]

Originally Posted by sterlingfox

I've already reported both parties to eBay, but I don't think it would be worth it for me to try and sue him for the difference between what I paid and what he sold it for.

He is also not responding to any of my messages, so I don't think a threat of a lawsuit will make any bit of difference to him.

My only hope from all of this is that both maxcollector69 and showpiecessports both get exposed for what they did.

You never know, happen to have a friend that is an attorney who would be willing to write a letter to the original seller? You've got this seller's address, send it certified and see what comes of it. He may still ignore you and you probably won't do anything going forward but, for a small expense for postage and a favor from an attorney you know, you can maybe get the satisfaction of giving him a few sleepless nights, or even the comforting thought that some of that money he screwed you out of went to an attorney he had to go see to check out the letter you sent him. You never know! Good luck, and I do feel for you that got screwed. Shouldn't have happened.

And if you don't have an attorney friend you can ask, there's enough attorneys on Net54. Maybe one of them would be willing to do this if for no other reason than to maybe give this guy enough of a scare so he never pulls that kind of stunt again on anyone else.

[sterlingfox]

I don't have his physical address, but I do have his (maxcollector69) full name and email address.

I'd happily provide this to anyone who is interested.

Originally Posted by BobC

You never know, happen to have a friend that is an attorney who would be willing to write a letter to the original seller? You've got this seller's address, send it certified and see what comes of it. He may still ignore you and you probably won't do anything going forward but, for a small expense for postage and a favor from an attorney you know, you can maybe get the satisfaction of giving him a few sleepless nights, or even the comforting thought that some of that money he screwed you out of went to an attorney he had to go see to check out the letter you sent him. You never know! Good luck, and I do feel for you that got screwed. Shouldn't have happened.

And if you don't have an attorney friend you can ask, there's enough attorneys on Net54. Maybe one of them would be willing to do this if for no other reason than to maybe give this guy enough of a scare so he never pulls that kind of stunt again on anyone else.

[sterlingfox]

A fellow Net54 user has informed me that showpiecessports (Joe Dwek) is currently registered as one of the dealers at the upcoming National.

Booths 1413 and 1512, according to the dealer list.

I'd greatly appreciate it if anyone visiting his table(s) would let him know what they think of his business practices.

[BobC]

Originally Posted by sterlingfox

I don't have his physical address, but I do have his (maxcollector69) full name and email address.

I'd happily provide this to anyone who is interested.

Ebay should have his full name and address. Just contact them again and ask for it, and tell them exactly why. If they refuse, I'd think that then makes them complicit with the seller. Ask them to confirm then that this deal you thought was completed using their site was a legal, binding contract, and if so, how can they not assist you in getting in touch with the seller since he no longer will respond to your emails.

Or, see if if you can find someone who bought something from this guy and would have his address from when they mailed the item to them.