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#7105275 - 03/08/18 04:34 PM Seller on Gunbroker refuses to honor winning bid.
HankePanky Offline
Woodsman

Registered: 11/21/09
Posts: 121
Loc: Houston, Texas
I'm wondering what others' thoughts are on my situation:

I won an auction on a really nice Smith & Wesson revolver, for $351. I was bidding against at least one other bidder who placed the first bid at $130, we went back and forth and I ended up winning.

I sent the seller my FFL's info, sent my FFL the sellers info, and asked the seller where to send the USPS money order (his preferred payment). Next thing you know, the seller calls me up and says that he's not going to sell the revolver to me for my winning bid, because he meant to set the starting price at $1130, but left off a 1. I explained that that is unfortunate, but that's not how auctions work and he replied he doesn't care, "It's not going out the door for $351," and that I can do whatever I want he's not honoring the auction price.

What upsets me even more is that in the ad, the seller put a notice that said "There will be no post auction negotiations, and I should not have to mention this but I have had many buyers call after the sale and plead ignorance or some other excuse for a lower price." Apparently that does not work both ways.

It seems my only options are to just let it go, or to leave negative feedback, which could end up with the seller giving me negative feedback and damaging my reputation on Gunbroker, even though I did nothing wrong.

I just wanted to know if anyone else has been in a similar situation or had any insight. Just for the heck of it, I'll post some of the pictures of the gun that should have been mine crying :







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#7105302 - 03/08/18 04:53 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
JCB Offline
THF Celebrity

Registered: 02/06/07
Posts: 23517
Loc: M.I.A.
I don't know how Gun Broker works but if its anything like EBAY you could get any negative feedback he leaves for you removed as long as you have all the communication between both of yall as proof.

I have won several things on Ebay dirt cheap and knew I wouldn't get the item. In some cases I got the items and in some cases I didn't. I leave negative feedback when they don't honor the winning bid. I wouldn't hesitate to leave him a Neg.

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#7105311 - 03/08/18 04:59 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
jorge Offline
Extreme Tracker

Registered: 02/01/11
Posts: 4471
Loc: Lake Jackson, TX
If you want to make a point on principal. Check to see if it's legally binding. Send the funds as obligated on your end USPS certified mail, and file a police report for theft. Then file a suit for breach of contract and say you will press for wire fraud. But I'd just walk away and let the gunbroker admin know with evidence. Sorry to hear.
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D.R.T. Outfitters

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#7105319 - 03/08/18 05:03 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
Rustler Online   content
Extreme Tracker

Registered: 03/01/07
Posts: 3794
Loc: Carrollton/ Young, Blanco coun...
Only a person of low character wouldn't honor a winning bid.

He had opportunity to review the listing to ensure everything was right and time to change the starting bid price before the auction started.

This is what negative feedback is for, outing the flakes, I'd send an e mail to gun broker with a copy of all communications.

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#7105326 - 03/08/18 05:06 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
Cleric Offline
Veteran Tracker

Registered: 03/11/12
Posts: 3314

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#7105330 - 03/08/18 05:07 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
Brother in-law Online   content
THF Celebrity

Registered: 07/08/07
Posts: 27970

You knew it was a mistake and he caught it late. I wouldn't give a gun away either if it was an honest mistake.

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#7105337 - 03/08/18 05:10 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
fgdn Offline
Pro Tracker

Registered: 12/10/06
Posts: 1592
Loc: TX

kind of have to put yourself in his position, and by that i mean every one makes mistakes.

seems like maybe there could be some kind of middle ground


up
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#7105411 - 03/08/18 06:01 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
RHutch Offline
Bird Dog

Registered: 05/25/13
Posts: 490
Loc: Frisco
The seller making a mistake is his liability. No one else's. He should honor the listing although unfortunate for him.
Now he has shown lack of integrity as has anyone here that leans towards siding with the sellers actions. It's black and white.

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#7105412 - 03/08/18 06:02 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
RHutch Offline
Bird Dog

Registered: 05/25/13
Posts: 490
Loc: Frisco
Nice gun btw.

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#7105441 - 03/08/18 06:27 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
Tff caribou Offline
Extreme Tracker

Registered: 08/27/12
Posts: 4027
Loc: Watauga, TX
I donít believe him for a second. Nobody starts a no reserve auction with a price that high.
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The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington

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#7105449 - 03/08/18 06:30 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
HWY_MAN Online   content
THF Celebrity

Registered: 05/25/06
Posts: 27393
Loc: Howard County
One look at the pistol told me a mistake was made and I'm not to sure you can make him pay. I've seen a dealership make a mistake on a new F-150 priced at 2,999 dollars, seems he or the paper left of the 3. Neither were held responsible. Kind of like giving somebody a 10 dollar bill and they give you change for a 100, it seems some here would keep it. (There's your lack of character and integrity) This was an obvious mistake.
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Yes a Weatherby does kill them deader.

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#7105496 - 03/08/18 07:02 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
RiverRider Online   content
THF Trophy Hunter

Registered: 11/11/07
Posts: 8134
Loc: Wise Co.
Mistake or not, the seller could have taken action long before the auction ended---beginning the moment the auction opened. For whatever reason, he was not diligent in looking after his own interests. As far as I am concerned, he is obligated to deliver the goods to the high bidder.
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I'm here to give and receive knowledge, not affirmation or adoration. If you don't like it, mierda dura. Intellectual honesty is not for fragile egos.

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#7105510 - 03/08/18 07:12 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
Colonel Angus Offline
Tracker

Registered: 11/17/04
Posts: 704
Loc: Garland, Tx
Maybe this can be answered like this.... What would be the most you're willing to pay for the gun?
Now you know what he would've accepted as a starting price.
What's the difference if any?
If the difference is negligible, then you have a point in pressing him to sell it and only take a small loss & a big lesson learned..... on the other hand...

If it's a big difference and you aren't willing to pay it, then you have your answer, you wouldn't have bought it any way.

Lastly, If what you would have paid was the minimum starting price he intended to sell it, then there's your answer, pay him and get your gun.

Sounds simple to me...

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#7105525 - 03/08/18 07:21 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: JCB]
Uncle Zeek Offline
Green Horn

Registered: 09/23/13
Posts: 9
Originally Posted By: JCB
I don't know how Gun Broker works but if its anything like EBAY you could get any negative feedback he leaves for you removed as long as you have all the communication between both of yall as proof.


+1 and keep all your communications in writing using the website message feature. No phone calls, no matter how much you might want to chew on his ear.

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#7105538 - 03/08/18 07:27 PM Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky]
howl Offline
Light Foot

Registered: 02/23/18
Posts: 32
Loc: Georgia
"What upsets me even more is that in the ad, the seller put a notice that said "There will be no post auction negotiations, and I should not have to mention this but I have had many buyers call after the sale and plead ignorance or some other excuse for a lower price." Apparently that does not work both ways."

He's pulling this kind of thing with other people, too. The rest of the gunbroker community needs to know about him. You do that by providing negative feedback.
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