Don't you hate buying misrepresented items?

[short84]

I had been watching a pair of Marion Barber "game used" cleats on Ebay for some time. I was actually bidding on them when the original seller ended the auction early. A couple of months later, they appeared again listed by another seller. They were listed several times with no sale (priced too high as buy it now and then when listed twice as an auction item, reserve not met). Last week they were relisted with a more reasonable price, $109.99 buy it now -- I did.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=120568256672&ssPageName=STRK:MEWNX:IT

You can read the description and look at the photographs. I had asked the seller back in March about these and these were the answers I received (his answers are in red):

My question: "What is on the back of each shoe? Is that tape residue? Thank you very much!"

Seller's answer: "Yes. Tape & old padding"

My response: "Thank you for answering my question. I don't see any tape on the shoes (or on his ankles) in the pictures you have provided. Do you have a date these were worn so I can see if other photographs are available on getty images? Thank you -- I just want to verify these cleats. Are they marked with his number in any way (the pair Steiner has listed show his number on the cleats)."

Seller's answer: "Hi. When I bought them from crod (ebay seller) I asked the same things and when he replied he told me it was during the 2009 season. Yes, the number 24 are inside the cleats. I trusted ebay seller crod when purchasing these cleats and assured me they were worn by Marion Barber. I checked on his feedback and recent merchandise and all the cleats he had from the Cowboys came with just the photo proof. I hope this helps."

When the cleats and "proof" photographs arrived, I could tell they were fake. To give the seller the benefit of the doubt, I spent about an hour looking at every photograph of Marion Barber I could find from the 2009 season --no match -- not even close. My son and I examined both cleats looking for any indication there was a number "24" since the seller mentioned that both cleats were marked on the inside with this number. Both cleats were very clean on the inside -- there was no #24 on either one of them.

I contacted the seller and got the following reply:
"Sorry for the mishap. I was in the same boat when I originally purchased them, but he wouldn't refund me the money and lost the case w/ ebay. I wouldn't do that to TRUE fellow Cowboys fans. Again, sorry for the mishap and glad we can work it out. "

The thing that was disturbing is that the seller knew he had a questionable item and misrepresented both cleats as being labeled "24" in order to make a sale. I did manage to work things out with the seller -- I am waiting for a refund that is "pending". I sincerely hope the payment clears and this is settled.

These are the cleats once I cleaned the blackened areas. This was easy to do and you can see the cleats were used by a number #16. Clearly a misrepresented item:

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[short84]

The first 3 photographs are from the Ebay listing and the last two were taken prior to cleaning off the black that covered the original player number. The middle picture is supposed to be the proof picture of Marion Barber wearing this pair of cleats. I just wanted everyone to see how easy it is to remove the black and to see the original number still remained. :( Susanne

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[scottanservitz]

Man, you are a lot nicer than I would have been. Once the seller said that happened to him and he couldn't get a refund. Yet he still tried to rip you off!! What the heck is that?! I'd neg him and let the eBay community know what type of seller he is. SCUM!!!!

[legaleagle92481]

not to play devil's advocate but BEFORE you buy an item is the time to do your homework. that is when you ask questions and try to photomatch. If the pics are not clear enough ask for more. Once you buy it is very hard to get your money back and you got very lucky. As the seller said he lost the case with paypal when he tried to do the same. this hobby is rife with questionable and fake items and if you wait until you buy an item to do your homework you will end up out of alot of money and cause yourself hours of aggravation. Was the seller wrong? Of course. but you cannot rely on a seller you have to rely on yourself. it is like buying a used car and going to the mechanic after you buy it to have it checked out.

[Mulligans]

I'm with you.....He should have disclosed what he already knew from his previous purchase. Obviously Due Diligence is important, but Its pretty hard to photomatch an item that you don't even have in your hands.

When you are buying, you do what homework that you can, but you are forced to buy in Good faith.

I have a pair of Photomatched Marion Barber Shoes with COA if you are ever looking again, but sorry I can't let them go for $100!:D

[short84]

You are right -- I thought I had done a pretty good job with the questions I asked. When he mentioned the cleats were labeled on the inside with the #24 I believed him. I also believed the proof photograph was legitimate - I would never have thought about someone taking the time to "doctor" a photograph to match a misrepresented item. I also know and have corresponded with a forum member who has purchased game used cleats from seller Crod (the original seller) and he has been very pleased with his items. From what I can put together, I believe the reason the person I purchased these from lost their case with Ebay was because they were purchased outside of Ebay. I was lucky that I purchased them via Ebay and am covered by their buyer protection program and Ebay is aware of his statement concerning their authenticity.

[3arod13]

not to play devil's advocate but BEFORE you buy an item is the time to do your homework. that is when you ask questions and try to photomatch. If the pics are not clear enough ask for more. Once you buy it is very hard to get your money back and you got very lucky. As the seller said he lost the case with paypal when he tried to do the same. this hobby is rife with questionable and fake items and if you wait until you buy an item to do your homework you will end up out of alot of money and cause yourself hours of aggravation. Was the seller wrong? Of course. but you cannot rely on a seller you have to rely on yourself. it is like buying a used car and going to the mechanic after you buy it to have it checked out.

Hey, when a seller has information about an item they are selling, it's not right for them to withhold that information and hope the potential buyer doesn't ask those questions that would divulge the negative about the item.

I purcahsed what I thought was a game used Robinson Cano glove from a GUU forum member. Only to find someone elses name written on it. I had the glove authenticated by MEARS and provided that info to the future potential buyer.

As the new owner of the glove, and having that knowlege, it's MY RESPONSIBILITY to share that info. Not hope a potential buyer doesn't ask.

Regards, Tony

[legaleagle92481]

Hey, when a seller has information about an item they are selling, it's not right for them to withhold that information and hope the potential buyer doesn't ask those questions that would divulge the negative about the item.

I purcahsed what I thought was a game used Robinson Cano glove from a GUU forum member. Only to find someone elses name written on it. I had the glove authenticated by MEARS and provided that info to the future potential buyer.

As the new owner of the glove, and having that knowlege, it's MY RESPONSIBILITY to share that info. Not hope a potential buyer doesn't ask.

Regards, Tony

i am not saying the seller was right at all. he/she was defintely very wrong and i agree with you that seller's should not hide things hoping people ask. i was just saying that both sides have a responsibility in general. in some cases the seller may not even realize an item is suspect and the buyer's questions or research may reveal that.

[3arod13]

i am not saying the seller was right at all. he/she was defintely very wrong and i agree with you that seller's should not hide things hoping people ask. i was just saying that both sides have a responsibility in general. in some cases the seller may not even realize an item is suspect and the buyer's questions or research may reveal that.

Understand. And excellent point: "In some cases the seller may not even realize an item is suspect and the buyer's questions or research may reveal that."

Regards, Tony

[cohibasmoker]

not to play devil's advocate but BEFORE you buy an item is the time to do your homework. that is when you ask questions and try to photomatch. If the pics are not clear enough ask for more. Once you buy it is very hard to get your money back and you got very lucky. As the seller said he lost the case with paypal when he tried to do the same. this hobby is rife with questionable and fake items and if you wait until you buy an item to do your homework you will end up out of alot of money and cause yourself hours of aggravation. Was the seller wrong? Of course. but you cannot rely on a seller you have to rely on yourself. it is like buying a used car and going to the mechanic after you buy it to have it checked out.

I somewhat agree with your statements but I would like to add, you can ask question after question, request as many scans as possible, do all your homework and look at images on Getty all day long BUT until you actually have the item (s) in your possession, it is only then that we are able to examine and/or compare the item (s) against written statements, images sent or personal knowledge that we can be satisfied that the item is "as advertised"

As for the car scenario, that's OK too but the difference is, the car is in front of you and either you or your mechanic can PHYSICALLY examine it. With eBay, you are looking at a web page with Seller's information and/or images and one needs to decide within a short period of time (1 to 9 days) whether an item is "as advertised" or not. The majority of times, it works out but every now and again, either by Seller mis-statements (either innocent or intentional) or simple misunderstandings between a Buyer or Seller, things don't work out and things get "dicey".

In closing, whether its eBay, an auction House, a LOA from an authenticator or exchanges between forum members, the important thing is that if there is an issue, its discussed and both parties walk away satisfied.

Just my opinion.

Jim