Deal to beat all deals!

[Oregon Jack]

It's obviously a mistake...why would you pursue it? I'm assuming you're not interested in stealing the guy's driver right? Mike, isn't that a bit extreme? The guy made a mistake that is obvious to anyone looking at the auction. Everyone makes mistakes.

I'm assuming it would've been a lot easier to let go if he (the seller) wouldn't have been a complete arse about it.

 

[Sox_Fan]

My personal opinion.... We all want a deal but we all know that the price was an error and you should probably just walk away.

Even though you paid and he may have been a jerk in his response, but basically said I am not sending you the item and sent your money back. You are within your rights to open a case and ebay will probably find in your favor but after the case is resolved I don't think he will send you the driver. He will continue to refund your money and will accept the negative feedback and comment that he incorrectly listed a buy it now price. Bottom line result will be you will get your money back and he will keep the driver.

I am not expecting to get the driver for $2.99. If the dude would have sent me a message apologizing for his error, I would have been more than accepting of that and just brushed it off. But he threw his mistake in my face like I was an idiot for even buying it for that price.

 

[Sox_Fan]

Legally, the seller issuing the refund doesn't remove his obligation to the contract. If that were the case, anyone could issue a refund if they didn't like the winning bid on their item.

Just spoke to someone from Ebay and they did not seem to have an issue with the guy backing out of the transaction and refunding my money. They said basically all they could do was see if there was a pattern of him backing out of transactions and if there was then they would address it with him. As I stated before, if the guy would have done the right thing and apologized and admitted fault, done deal and no foul.

 

[Nebgolfer]

It's obviously a mistake...why would you pursue it? I'm assuming you're not interested in stealing the guy's driver right? Mike, isn't that a bit extreme? The guy made a mistake that is obvious to anyone looking at the auction. Everyone makes mistakes.

I'm a little surprised that the consensus seems to be that it's ok to try to stick it in the guy's @#s...seems out of character for this place.

This isn't about stealing a driver, it's about karma. Everyone is saying that since the guy is a jerk, maybe he deserves to lose a $300 and maybe that will teach him a lesson. The lesson for everyone here: if you make a mistake, don't be an idiot about it and humbly take your lumps and it might fix itself.

 

[Sox_Fan]

It's obviously a mistake...why would you pursue it? I'm assuming you're not interested in stealing the guy's driver right? Mike, isn't that a bit extreme? The guy made a mistake that is obvious to anyone looking at the auction. Everyone makes mistakes.

I'm a little surprised that the consensus seems to be that it's ok to try to stick it in the guy's @#s...seems out of character for this place.

I didn't expect to get the driver for $2.99. No issue if the guy would have admitted fault and apologized. The fact that he threw it on me for being an idiot for purchasing it for that price didn't sit well with me and thought such actions by the seller may need to be reported.

 

[TMAdidas]

I didn't expect to get the driver for $2.99. No issue if the guy would have admitted fault and apologized. The fact that he threw it on me for being an idiot for purchasing it for that price didn't sit well with me and thought such actions by the seller may need to be reported.

I agree 100%. I wouldn't have recommended being a total jerk if he wasn't being so defensive. I'm totally for reporting him though.

 

[JLit]

I think the general consensus is mistakes happen, if he offered an apology it'd all be fine. However, the seller chose to be a jerk on his response, so why wouldn't you pursue it. Sure, honest mistakes happen, choosing to be a jerk about like he did, is a choice.

 

[TMAdidas]

I think the general consensus is mistakes happen, if he offered an apology it'd all be fine. However, the seller chose to be a jerk on his response, so why wouldn't you pursue it. Sure, honest mistakes happen, choosing to be a jerk about like he did, is a choice.

My stance to a T.

 

[Philly Golf Guy]

Just spoke to someone from Ebay and they did not seem to have an issue with the guy backing out of the transaction and refunding my money. They said basically all they could do was see if there was a pattern of him backing out of transactions and if there was then they would address it with him. As I stated before, if the guy would have done the right thing and apologized and admitted fault, done deal and no foul.

You can PM me if you want, but I had a very similar situation a couple years ago on ebay and they treated it very differently. Moreover, I am positive that it makes no difference he refunded you the money. It's a legal contract and you're not bound by whatever some ebay guy says.

Anyways, that's enough legal speak on this site for me tonight. I will say I disagree that it's a character issue in pursuing it. The seller was flippant, knew he was in the wrong and insulted you for accepting an offer he made. Sellers try to pull this on ebay all the time. Not to this extreme, but they try to back out of transactions if they think they can sell it for a higher price by refunding the money, thinking they're in the clear.

 

[cpljohnst]

Guy may have been a little harsh but I just reread your paraphrase of his response and it honestly wasn't that bad. I'm kind of surprised by the thought that most on hear feel a minor slight should cost the guy $295. Does seem to be out of character for THP where so many go out of their way to be nice.

 

[cpljohnst]

That was my thought as well. Here is how he put it: "Why would you even think someone would sell this item for 2.99"

This response should cost the guy $295?

 

[JLit]

"I apologize, there was an error while listing, and I entered the BIN now pice incorrectly at $2.99 instead of $299.99. Please accept my apology and I'll refund your purchase price immediately. Thank you "

See, that wasn't that hard, and a much more appropriate response.

 

[Sox_Fan]

Guy may have been a little harsh but I just reread your paraphrase of his response and it honestly wasn't that bad. I'm kind of surprised by the thought that most on hear feel a minor slight should cost the guy $295. Does seem to be out of character for THP where so many go out of their way to be nice.

I don't think anybody on here, including myself, really thinks the guy should have to sell the driver for $2.99. I think it was just his flippant / non-apologetic attitude that just rubbed people the wrong way as it did me. I do not plan on pursuing this issue any further.

 

[drp3434]

Guy may have been a little harsh but I just reread your paraphrase of his response and it honestly wasn't that bad. I'm kind of surprised by the thought that most on hear feel a minor slight should cost the guy $295. Does seem to be out of character for THP where so many go out of their way to be nice.

I think it's more if teaching this guy a little lesson, get some negative feedback on eBay, and make sure eBay is aware of the issue.

 

[cpljohnst]

No doubt the guy should have handled it differently and apologized. I'm not disagreeing with any of you there. Just didn't feel his slight was worth $295.

Glad to hear you've chosen not to pursue. That's the right thing to do.

 

[Philly Golf Guy]

I'm not sure this is correct. Legally, there's (usually) no right to specific performance for breach of contract, you just get damages. In this case damages are the purchase price, which the seller is refunding.

Because it is e-Bay the buyer has the extra-contract privilege of opening a case which may result in seller losing e-Bay privileges. But that remedy does nothing extra for seller, who just gets his money back.

Specific performance is something else entirely. This is a contract for goods. When the seller breaches, the buyer has the remedy of cover (buying another R1 and the seller paying the difference in purchase price). In the alternative, the seller could go through with the contract (assuming buyer consents). Going through with the transaction is not specific performance. The damages are not just the purchase price, but the transaction itself (the buyer finding an advantageous deal).

E bay should facilitate resolution by advising the seller of all of this. You are correct that all e bay can ultimately do is close the seller's account, but if the byer wanted to enforce the transaction in Court, he could.

 

[tequila4kapp]

Specific performance is something else entirely. This is a contract for goods. When the seller breaches, the buyer has the remedy of cover (buying another R1 and the seller paying the difference in purchase price). In the alternative, the seller could go through with the contract (assuming buyer consents). Going through with the transaction is not specific performance. The damages are not just the purchase price, but the transaction itself (the buyer finding an advantageous deal).

E bay should facilitate resolution by advising the seller of all of this. You are correct that all e bay can ultimately do is close the seller's account, but if the byer wanted to enforce the transaction in Court, he could.

Well done, sir. I should have slept at a Holiday Inn Express last night.

 

[Philly Golf Guy]

All of this is bringing up traumatic memories of bar exam flash cards. That and a few years ago when my college buddy called me because he wanted to back out of buying a Camaro he won on e bay sight unseen.

 

[tequila4kapp]

All of this is bringing up traumatic memories of bar exam flash cards. That and a few years ago when my college buddy called me because he wanted to back out of buying a Camaro he won on e bay sight unseen.

Clearly your bar exam flash cards were better than mine

 

[slodsm]

Guys probably just angry at himself for making such a mistake. I couldn't in good conscious take advantage of him though. He made a mistake, but the right thing to do is allow the refund.

I could in a heart beat. Had he replied to me "man I realllllyyyyyy screwed that up I apologize" I would have laughed no harm/no foul and went on about my business. Sending me a mouthy reply because YOU screwed up would make my vindictive side come out and I'd pursue it with every fiber of my being until that driver was in my hands or he was banned from ebay.

I will let ANYTHING go just about it as long as you are polite about it, jerks get absolutely zero slack. There's no need for it and manners have gone out the window, I can't stand it.

 

[Scrap Iron]

I would simply state. I bought this driver at your advertised for 2.99. I recognized now that you made a mistake. If you will send the club to me at half the price I will not pursue this matter and hope for you to be more respectful to your buyers in the future.

 

[TRyan]

No doubt the guy should have handled it differently and apologized. I'm not disagreeing with any of you there. Just didn't feel his slight was worth $295.

Glad to hear you've chosen not to pursue. That's the right thing to do.

I didn't see a single person say he should get the driver for free... The response was uncalled for by the seller in most peoples opinions

 

[dietDrThunder]

The guy refunded my $2.99 and basically called me an idiot for thinking someone would sell the club for that price. Should I pursue the transaction further through Ebay or just forget about it?

Guy may have been a little harsh but I just reread your paraphrase of his response and it honestly wasn't that bad. I'm kind of surprised by the thought that most on hear feel a minor slight should cost the guy $295. Does seem to be out of character for THP where so many go out of their way to be nice.

This. I'm glad I'm not alone.

 

[dietDrThunder]

I didn't see a single person say he should get the driver for free... The response was uncalled for by the seller in most peoples opinions

------

The guy refunded my $2.99 and basically called me an idiot for thinking someone would sell the club for that price. Should I pursue the transaction further through Ebay or just forget about it?

Pursue it and at least leave negative feedback...hes an idiot for the low starting bid or lack of reserve

If he'd apologized and not been the a$$hat it sounds like he was, I would've let it slide. Since he didn't, I say go for it and notify eBay.

Pursue it. It's an official contract and he now breached it. Generally, he's on the hook for either selling it to you for that price or paying you the difference in buying a replacement. I'd report it to e bay immediately, especially since he handled it poorly.

Go for it! I don't even like him either.

This guy knows what he's talking about. eBay creates binding contracts. I'd contact ebay.

I'd agree, but since this guy was being a (insert whatever word you so choose), I'd still pursue it.

The first quote above is the OP asking if the OP should pursue the transaction further. The next quotes are all folks saying yes, and this is just a sample from the first page...there are many more. You're right in that they aren't saying he should get it for free. They are saying he should get it for $3. The focus later shifted to filing a complaint instead, but these (and the others) are the posts I was referring to.

 

[zooropa]

I see both sides of this. Better to walk away being the much bigger person while still reporting him/leave a negative. Who doesn't check a listing before you actually list, ffs?!?