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  #31  
Old 10-25-2016, 07:51 AM
Pualee Pualee is offline
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Technically speaking...

The item is out of stock, because, as you said - it is a '51. The advertised item is not was was displayed.
It also wasn't hers (she didn't own it). Regardless of what she said in the email, the owner of the guitar never listed it for sale.

I actually side with the owner in this case.
  #32  
Old 10-25-2016, 07:54 AM
LouieAtienza LouieAtienza is offline
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Not to rag on you, but if you EVER find an eBay deal, NEVER EVER post it online till it's in your hands. Trust me on this. And even then there can br nightmare scenarios.
  #33  
Old 10-25-2016, 09:02 AM
Ted @ LA Guitar Sales Ted @ LA Guitar Sales is offline
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Originally Posted by Puerto Player View Post
I didn't force them to do anything. They put something up for sale, sold it, were paid for it and afterwards decided it was worth more money. They didn't fulfill part of a binding contract. We'll see, nothing ventured nothing gained. I have a lawyer buddy who's already filing an injunction so she can't sell the guitar to anyone else. eBay's contract is pretty binding, especially with her reasoning for breaking it. I thought about it being somebody from here too, let's hope not.
Never said you did, what I said was eBay can't force them to sell.

Look, mistakes happen, I once bought a new Baby Taylor for $1, and sold a $5000 vintage Gibson for $5, both of those sales were cancelled before the items were shipped with no more than an apology from the sellers. I know your disappointed, but you're fighting an uphill battle. Until an item is shipped, sellers have the right to cancel for a number of reasons, including listing at the wrong price.
  #34  
Old 10-25-2016, 12:48 PM
Tone Gopher Tone Gopher is offline
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Originally Posted by Puerto Player View Post
Yes, she relisted the guitar for twice the money with a BIN. I called eBay, told them and sent them the email she sent me through PayPal and they had the auction stopped. She can't sell the guitar or anything else on eBay till she sends me the guitar. Giving her another hour this morning before I file with the CIRCUIT COURT OF COOK COUNTY, ILLINOIS. She's toast.
OK, so you were excited to find that she didn't know what she was selling, recognized that the price was too low, and now you're gonna go all lawyer on her to force the issue?

Don't be a jerk. There are already enough in the universe.
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  #35  
Old 10-25-2016, 01:15 PM
blue blue is offline
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Quote:
Originally Posted by Puerto Player View Post
Yes, she relisted the guitar for twice the money with a BIN. I called eBay, told them and sent them the email she sent me through PayPal and they had the auction stopped. She can't sell the guitar or anything else on eBay till she sends me the guitar. Giving her another hour this morning before I file with the CIRCUIT COURT OF COOK COUNTY, ILLINOIS. She's toast.
Take a moment and think about it. You're going to sue and take money away from an old woman who's only sin is she didn't know she had something of value?

If she dropped a twenty in the store would you give it back to her, or think "Oh boy! My lucky day!"?
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  #36  
Old 10-25-2016, 01:42 PM
Napman41 Napman41 is offline
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Quote:
Originally Posted by Tone Gopher View Post
OK, so you were excited to find that she didn't know what she was selling, recognized that the price was too low, and now you're gonna go all lawyer on her to force the issue?

Don't be a jerk. There are already enough in the universe.
+1. Great post.
  #37  
Old 10-25-2016, 01:43 PM
Napman41 Napman41 is offline
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Originally Posted by blue View Post
Take a moment and think about it. You're going to sue and take money away from an old woman who's only sin is she didn't know she had something of value?

If she dropped a twenty in the store would you give it back to her, or think "Oh boy! My lucky day!"?
+1. Another great post.
  #38  
Old 10-25-2016, 01:49 PM
Scotso Scotso is offline
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I agree with Ted and others. Great deals do not come along often but.....
Recently I bought an ES137 off Ebay from a touring musician. I was the only bidder and my initial $750 offer was the only one. I knew it was too low. He knew it was too low. I offered to pay more or the opportunity to cancel the sale if he wanted. I tell this story not to highlight anything other than to point out that Karma is a precious thing. The Karma police are usually not good to you.
  #39  
Old 10-25-2016, 04:12 PM
Puerto Player Puerto Player is offline
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Did you see the pictures of the guitar. Even at the price I "tried" to pay, there was absolutely no guarantee the guitar was even playable, or how much work and money was going to have to go into it. If the pickups worked, the pots, etc. All of which if replaced cost money AND reduce the value of the guitar.

And yes, if I see somebody drop money I immediately tell them.

Besides, the gal lied several times so I think I'm the one who's taking the high road.
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  #40  
Old 10-25-2016, 04:53 PM
blue blue is offline
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Originally Posted by Puerto Player View Post
Besides, the gal lied several times so I think I'm the one who's taking the high road.
Well how about starting a poll. "Am I taking the high road" Yes or No...

You know you tried to take advantage of an ignorant seller. You know it. I know it. If I had seen the ad I probably would have too. But now it's over. No high road. Not for you or her. Just a road to choose. Pick the one without the lawyer on it.
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  #41  
Old 10-25-2016, 09:20 PM
jomaynor jomaynor is offline
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Quote:
Originally Posted by Pualee View Post
Technically speaking...

The item is out of stock, because, as you said - it is a '51. The advertised item is not was was displayed.
It also wasn't hers (she didn't own it). Regardless of what she said in the email, the owner of the guitar never listed it for sale.

I actually side with the owner in this case.

Yes to the above.

The OP's sour attitude over not being able to exploit someone's ignorance is so counter to fair play. To say that the seller is "toast" because she decided not to ship an item that was inaccurately listed is regrettable. Vile, actually.
  #42  
Old 10-26-2016, 06:57 AM
DCCougar DCCougar is online now
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Quote:
Originally Posted by Puerto Player View Post
....Any lawyers here want to take a quick case?
This happened to me on ebay once. A zero feedback seller, I won the auction, he backed out of the deal. We had a contract! I wanted that guitar! But the payment was refunded, so it's a tough argument telling a judge that you've been "damaged." What have you lost? No damage, no case.
  #43  
Old 10-26-2016, 07:07 AM
DCCougar DCCougar is online now
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Originally Posted by jomaynor View Post
The OP's sour attitude over not being able to exploit someone's ignorance is so counter to fair play.
Sorry, but I disagree. When I enter into a legal agreement, I expect the other party to hold up their end of the bargain. That's fair play.
  #44  
Old 10-26-2016, 07:28 AM
Puerto Player Puerto Player is offline
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You guys crack me up, yea, let's take a pole! She lied, both to eBay and me, she breached the Contract with another lie. Oh, just so we're clear, she relisted it as a '56 not a '51. So, what do you think, now she's smarter just enough but still has no idea what year it is? She's a crook, and the reason she does it and get's away with it is because of people like you with no spine. Grow up and enter the real world.
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2001 Goodall RGCC
2004 Goodall RPC-14
2022 Emerald X20 Hyvibe
2021 Emerald X7 Select
2020 Emerald X10 Woody Select 3-way
2016 Emerald X20 Artisan
2002 Gibson J185EC JJ Cale
2009 Gibson EC-20
1974 Alvarez Dreadnought
2013 Woody Tahitian hybrid Uke
2008 Zager 3/4 Size
Some camp fire guitars, classical's,
& electric's
  #45  
Old 10-26-2016, 07:31 AM
blue blue is offline
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Originally Posted by DCCougar View Post
Sorry, but I disagree. When I enter into a legal agreement, I expect the other party to hold up their end of the bargain. That's fair play.
So you're okay with the so called "one percent" when they don't pay taxes? As long as they follow the letter of the law it's cool right?

A musician who was a favorite of mine, who died under very shady circumstances (and broke my heart in the process), had an inscription on one of his guitars. I said:

"Just because you can, doesn't mean you should"

This is definitely one of those times, where the OP can (possibly, I doubt it), but definitely shouldn't. If only for his own mental and physical health.
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