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xpress34
12-17-2009, 01:04 AM
Hello all...

I am quite perplexed and quite frankly, pissed off.

I was out with my family this evening and was watching an auction on eBay and bid and won (on my iPhone) a GU and AU 2008 ASG BP jersey of Lance Berkman. And it was cheap (under $100) w/ MLB holo which I had already verified.

That was just about 7pm when the auction ended. I get home and come to check eMail to rcv a message from the seller not to pay. It's no longer available - hell, just read the eMail below:


Hi, please do not pay for this item. It is no longer available, my son sold it before even telling me. It was sold on Monday without my knowledge. I was checking our inventory to get it ready to ship once you pid. I am so sorry, I feel very bad. If you read my feedback, I have never had any problems. Once again I am so sorry, I can make it up for you. I am always gettting autograph jerseys and other memorabilia.

This was rcvd just about 8pm - just an hour after the auction ended.

I wrote back, told here I was not happy and that she had entered into a LEGAL binding agreement by offering the item just as I had by bidding on it.

I then proceeded to let her know that I will be checking my options with eBay - as well as my attorney - and consider pursuin Legal Action. I have the MLB Holo # and will be watching for it to come up at auction again.

I then asked exactly how she plans to 'make it up' to me' and told her my suggestion was that she make her son obtain the jersey from the buyer and she complete our transaction as it sits. I also told her that I have the MLB Authentication # as well.

And I told her the ball is now in her court.

What would you do?

- Chris

Rob L
12-17-2009, 01:16 AM
I would probably just say "Damn" and let it go. Be glad you didn't pay and get stiffed for the money and the jersey. It sounds like they weren't happy with the price but there is much that you can do. If you had paid, then it would be a different story.

kylehess10
12-17-2009, 01:19 AM
A Lance Berkman 2008 All Star Game BP-worn jersey? Under $100?

Yea, the guy just sounds like he didn't like the price. Who wouldn't! If I were you I'd continue into the direction you're heading in until he changes his mind.

"My son sold it" just sounds like too dumb of an excuse.

xpress34
12-17-2009, 01:21 AM
I would probably just say "Damn" and let it go. Be glad you didn't pay and get stiffed for the money and the jersey. It sounds like they weren't happy with the price but there is much that you can do. If you had paid, then it would be a different story.

Rob -

I know... I figure I'll try to stiff arm first though and see if I make any headway... either way, they'll be getting negative feedback from me as well as me being all over eBay (my feedback #s may not show it, but I have been with eBay since the beginning) as I have a few different direct #s for them.

If nothing else, so much for this seller's 'great feedback'...

- Chris

spartakid
12-17-2009, 01:24 AM
Yea, bad excuse. She just didn't want to let it go for that price, definitely a "steal" on your part.

mfsquirrelmaster
12-17-2009, 01:24 AM
I think it would be best to completely forget about it. You are most likely no going to get the shirt or "have it made up to you."

stretch
12-17-2009, 01:26 AM
The seller is just upset about the price and you deserve to own this jersey. Just last week my I sold some of my kid rock concert used drum sticks and I was unable to end the early due to a bid. The pair of sticks sold for $9.99 which is way under value. As a seller with over 600 positive feedback, all 100%, I still packed the sticks up, and shipped them to the winning bidder.

The seller in your case deserves negative feedback! If they want to make it up to you they need to paypal you what your bid was because as far as I see it they're BS'ing you.

If you decide you're unable to come to a compromise just tell them the hell with it and tell them to leave you positive feedback. Once they do they leave them negative feedback!

slam
12-17-2009, 01:26 AM
I believe this was NOT game used. They were trying to mislead any buyers. Correct me if I'm wrong but if you do a search there is a game used set and then there was a set that was just signed and auctioned off by Hunts. So may be they did you a favor.

xpress34
12-17-2009, 01:27 AM
A Lance Berkman 2008 All Star Game BP-worn jersey? Under $100?

Yea, the guy just sounds like he didn't like the price. Who wouldn't! If I were you I'd continue into the direction you're heading in until he changes his mind.

"My son sold it" just sounds like too dumb of an excuse.

Kyle -

I plan to. My wife works for a law firm (she's been there 10 years) and one of the Atty's who were good friends with is a Comic Book Collector and he's actually pursued people over this same type BS before on Comic Book sales on eBay and elsewhere...

I'll be chatting with him tomorrow if I don't hear back from the seller.

I know eBay won't do squat, but I think (at least I hope) I have enough to squeeze the seller to do the right thing - hell, I've taken big losses before - that's why when and if I do list on eBay anymore, they are ALL fixed price with a Best Offer option and an Automatic threshold in the Best offer. As far as this item, I have the eBay listing, the MLB holo, proof that the auction went to COMPLETION, and THEN the item became unavailable.

I'll keep everybody updated here on how it goes.

- Chris

slam
12-17-2009, 01:34 AM
Although, still a good price for a signed jersey and hat.

Sincityson
12-17-2009, 01:34 AM
I noticed the jersey as well, perhaps since it was listed in autographs/jerseys, not the game worn section,the seller thinks it didn't get enough exposure. Either way, it's completely uncool for the seller to do that, and they should honor the auction price, it's not like he was gonna be out some cash, just look at his card auctions and the stuff he sold recently, there's a decent amount of $$$ there.

Certainly report it to ebay, the seller will get a strike against them. Or even, just try to work something out maybe for a few bucks more. I know it's not the coolest approach, but there's likely only one of those out there.. Just a thought.

xpress34
12-17-2009, 01:38 AM
I believe this was NOT game used. They were trying to mislead any buyers. Correct me if I'm wrong but if you do a search there is a game used set and then there was a set that was just signed and auctioned off by Hunts. So may be they did you a favor.

Slam -

MLB Holo - LH 154066

Per MLB Authentication Page:


Session Name: 2008 HOME RUN DERBY
Session Date: July 14, 2008
Autographer: LANCE BERKMAN
Authenticator: AUTHENTICATORS, INC.
Additional Information: 2008 ALL STAR BATTING PRACTICE JERSEY


Unless he happened to sign a bunch of PRO SIZED (SZ 50, NOT L, XL, XXL) the same day as the workouts and HR Derby, this is his jersey.

I know they make two sets - and for the last few years, Topps gets one set and cuts them up for Topps Update for that year for the ASG Stitches and ASG Patches Cards.

I own Matt Holliday's 2006 GU BP ASG Jersey and Matt verified he didn't keep one and inscribed it GAME USED for me after checking it out and seeing the holgram and info.

I'm pretty certain Lance would do the same for this one, so I am beyond ticked off with the seller. With their feedback and the items they sell (I checked them out), they know what they're doing and what they have, so this is their mistake and I intend to make them pay.

- Chris

slam
12-17-2009, 01:57 AM
I believe there were 3 sets and Hunts sold a set last year. I do have an All Star 2009 jersey and it does say in the description Game Used maybe it was different in 2008. I know this was been talked about here before. Can anyone else chime in?

xpress34
12-17-2009, 02:06 AM
Slam -

Even if they made three sets, it is still a Game Issue jersey - not an 'off the rack' authentic as they do not (to my knowledge) sell 'sized' ASG jerseys and Sz 50 has always been an Issued/Game Sz since Rawlings was making everyone's jerseys... at retail, you could get 40, 44, 48, 52, 56, 60 but the 'in between sizes' (42, 46, 50, 54, 58) have always been reserved for the pros...

That alone makes it worth more than a standard ASG Berman Jersey, but I've never heard of three sets being made for the ASG BP jerseys. As far as I've always know/ been told, it's two sets.

Bottom line is, MLB's authenticator's 'tagged and bagged' it. That and the SZ 50 is what got me in on the bidding... my 'Limit Bid' that I dropped late in the auction was a few hundred +...

All the best -

Chris

P.S. - If you find out any other info about the number of BP jerseys for the ASG, let me know.

xpress34
12-17-2009, 02:34 AM
Here is her response:


Look I am telling you that the Jersey is gone. We work together selling items on Ebay and to friends and family. I had listed the item to sell it and unfortunately he took it to sell it to one of his friends. It is gone. There is nothing I can do. I will be getting some more jerseys in about 3 weeks. You may contact your attorney; they will not do anything about it because there is nothing they can do. I already contacted Ebay and told them about the problem. They said there is nothing they can do because it is gone. I can give you a discount on some stuff that I will be listing in about 3 weeks. I will be out of town for 3 weeks. Believe me this jersey will never appear on Ebay because it is gone. Once again I am so sorry; this has never happened before...I could have cared less for this Jersey to keep it. I have sold many items that are worth hundreds and have never held back on anything?.Pat

I will be using all the info she is providing to me as ammo. This is no longer about her 'kid' selling an item behind her back - he is her business partner ('we work together selling...') and by not sharing info with each other and ending the auction, they made this a FRAUDULENT Electronic Listing which I will forward to the proper authorities - NOT eBay.

Also, she says he sold it to a friend? Then go get it back - you know who has it.

I wrote back and told her to do the RIGHT thing, not the easy thing which is basically blowing me off.

For those who don't know me, I am pit bull when it comes to matters of principle like this. Hell, about 2 years ago on Sports Card Forum (SCF) a kid ripped off a bunch of people (including me) and hid behind his mom who said he hacked her eBay acct and PayPal acct. Through diligent research, it came to light that they knew the Detective that had been assigned to the case and he was doing NOTHING for the members that had been ripped off.

I did my on-line research, contacted the MAYOR and CHIEF of POLICE of the town and old them the whole sorid story along with a copy of the letter I was ready to send to all of their local papers discussing their slack police force and detective.

Lo and behold - EVERYONE had their items or Money Back with-in three days.

I will continue to fight this fight and let everyone know the outcome.

- Chris

10thMan
12-17-2009, 02:39 AM
Sounds like the Seller made a big Mistake. It`s prolly happened to most of us selling on Ebay, I`ve done it. I`ve also simply packed up the Bat (or whatever) & shipped it.

I would suggest you simply let it go, it`s as easy as you make it! The Holidays are here, Celebrate w/ Family & Friends. Go have a nice Drink or Cigar!

Sean

chakes89
12-17-2009, 07:08 AM
Yeah let it go, it's not like you lost any money in this situation

And it's not worth the trouble and the whole thing will probably end up being a big waste of time in the long run

ironmanfan
12-17-2009, 08:29 AM
I hate when people resort to threaten legal action, especially for a small time eBay auction.

I know you're disappointed (I would be as well), but leave the necessary feedback and move on.....

dcgreg25
12-17-2009, 09:09 AM
I would suggest you simply let it go, it`s as easy as you make it! The Holidays are here, Celebrate w/ Family & Friends. Go have a nice Drink or Cigar!

Sean

I agree with 10thMan. It's the holidays and, while it appears you are absolutely right, I would rather enjoy time with my family than chase down some lady who refused to sell me a jersey. If you spend six hours of your time chasing this lady down and end up with the jersey imagine what else you could have done with that time. For me, my time is the most valuable commodity I have so I try to spend it positively, especially this time of year.

mattmueller
12-17-2009, 10:00 AM
I guess I would be in the "it sucks, but move on" camp as well. What would getting a lawyer involved do? Other than not getting a jersey that you thought you were going to get at a steal of a price, what are your real damages?

My opinion, life is too short to get worked up over other people's misgivings.

jtorrez
12-17-2009, 10:47 AM
You are going to get no where with this. The worst that will happen is that eBay sends the seller a warning. Move on and spend the time you will waste on this to someting more worth while.

BULBUS
12-17-2009, 12:02 PM
I would ask the seller, being that her son sold it to a "friend", cant he refund his money and get the jersey back? The "frien should understand. If she still refuses, leave the appropriate feedback, and move on.

worldchamps
12-17-2009, 05:05 PM
I know it is easy to say forget about it and move on, but i got screwed out of a pair of Magic Johnson game worn shoes and a Michael Beasley High School jersey and i still think about missing out on them all the time....so i hope you persue it and i hope you get the jersey.

CampWest
12-17-2009, 05:17 PM
What a bad lie... Its a shame they won't live up to their end of the bargain.

I once bought an item that was listed with a $25 BIN, also purchased at the same time from same seller, two other items at $20 each. Paid immediately. 5 days later I ask for confirmation of shipping and am told the $25 item will not ship and the two $20 items would ship when they got around to it. The $25 item could have probably sold for $75 and the two $20 items for $50. I filied an item not received claim on the $25 item. Seller relists the item at $35 BIN. It sells to somebody else. Seller sends me all three items, never had refunded my $25+shipping. Then demands I return the item they shipped to me. Silly... They listed, I bought, I paid, they kept my money and shipped it to me and wanted me to return it to them at my own expense... Silly.

Anyhow, legal action and ebay probably wont get you anywhere. Leave a negative, file an item not received complaint... Thats probably about the extent of your recourse because, technically, you didnt lose any money (except potential resale gains)... I just dont think anybody will have the desire to help you gain execution of the contract, maybe the threats will scare the seller into it, but I'd be surprised.

otismalibu
12-17-2009, 05:29 PM
Have you ever seen an auction where the seller lists all the emails he/she receives during the course of the auction? It's great entertainment. Dozens of offers, trying to get the item for less than it's worth. Mostly by peeps who want to flip the item.

I'm sure these people still send emails, even on auction items that have ended.

cohibasmoker
12-17-2009, 05:31 PM
Hello all...

I am quite perplexed and quite frankly, pissed off.

I was out with my family this evening and was watching an auction on eBay and bid and won (on my iPhone) a GU and AU 2008 ASG BP jersey of Lance Berkman. And it was cheap (under $100) w/ MLB holo which I had already verified.

That was just about 7pm when the auction ended. I get home and come to check eMail to rcv a message from the seller not to pay. It's no longer available - hell, just read the eMail below:



This was rcvd just about 8pm - just an hour after the auction ended.

I wrote back, told here I was not happy and that she had entered into a LEGAL binding agreement by offering the item just as I had by bidding on it.

I then proceeded to let her know that I will be checking my options with eBay - as well as my attorney - and consider pursuin Legal Action. I have the MLB Holo # and will be watching for it to come up at auction again.

I then asked exactly how she plans to 'make it up' to me' and told her my suggestion was that she make her son obtain the jersey from the buyer and she complete our transaction as it sits. I also told her that I have the MLB Authentication # as well.

And I told her the ball is now in her court.

What would you do?

- Chris


Chris - If you have an attorney at your disposal, I would pursue it and I would send payment away ASAP. My thoughts are, at this point, is the contract complete? Yes, the item was listed, yes you won it but did you pay for it? Paying for it completes the deal. Let the seller return your money but at least you were prepared to and you did in fact carry out your end of the contract.

Sometimes, it's NOT about the money - it's the principle. If the jersey was indeed sold to a "friend", all the seller would need to do is explain the situation to their "friend" and I'm sure, if the story is true, the "friend" would return the jersey and you guys can complete the deal.

Keep us informed and good luck

Jim


flaa1a@comcast.net

Capital-Sports
12-17-2009, 05:46 PM
Sorry about your luck.

But this happens everyday on ebay.

Capital-Sports
12-17-2009, 05:59 PM
Sorry about your luck.

But this happens everyday on ebay.

murfsteve25
12-17-2009, 07:19 PM
I would say that if your just trying to flip the jersey and make some profit then just let it go. But if this jersey is something that you would REALLY like to have in your collection then go for it and see what you can do. I know that if something like this happened to me, and it was an item that i really wanted to keep, then id be really dissapointed. I personally prolly wouldnt go through all the legal troubles (just cause im too lazy to do all the research) the futhest i'd prolly go would be through emails with the seller. If youve got the motivation for research and messing around with lawyers then go for it.

ferro39
12-17-2009, 07:28 PM
I hate when people resort to threaten legal action, especially for a small time eBay auction.

I know you're disappointed (I would be as well), but leave the necessary feedback and move on.....

agreed.

i would leave things up to karma.

emann
12-17-2009, 07:50 PM
"what would you do?"

I'd let it go.

The situation sucks, but it happens. C'est la vie.

Similar scenario: I bought a Strawberry GU bat off ebay once, 1998 Yankees bat. After I paid, the seller told me he had sold it already by accident BUT that he had other Strawberry bats he'd let me pick from and honor the bid price. I ended up getting a 1987 Mets bat, heavy use and signed (better bat).

legaleagle92481
12-17-2009, 09:32 PM
I would let it go. It has happened to me twice. Once with a Dominque Wilkins autographed basketball and the next time with a limited edition uda Jordan Mr. June autographed basketball. The Wilkins seller at least gave me a photo for my troubles. Going to court is very expensive and the whole process is very time consuming. Ebay needs to get tough with sellers as in you don't complete a transaction when buyer pays with X amount of days you can't sell ever again on there tough. A one strike rule would stop this nonsense. It is not very hard you sell an item just set a reserve or start the bidding at the lowest amount you are willing to take for the product or have a buy it now best listing.