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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7116398
03/19/18 07:33 PM
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Joined: Dec 2004
Posts: 2,464
bassfishinglawyer
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You might be able to find an attorney in NH that would be willing to take this on a contingency, as my guess it would be a DTPA claim, possible worth treble damages and attorneys' fees paid by the seller/defendant (I don;t know NH law, just assuming). Sorry I don't have referrals for you up there.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: Brother in-law]
#7119442
03/22/18 01:02 PM
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Joined: May 2014
Posts: 737
Treinta-Treinta
Tracker
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Tracker
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Posts: 737 |
I agree with the seller. 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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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7119736
03/22/18 05:38 PM
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Joined: Jul 2008
Posts: 21,617
pegasaurus
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Any resolution??
Has he but it back up for sale??
Funny thing about getting older: Your eyesight starts getting weaker but your ability to see through people's BS gets much better.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120075
03/22/18 11:47 PM
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Joined: Nov 2010
Posts: 3,222
Marc K
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I would love to see an age distribution chart overlaid on the opinions posted on this thread.
Honesty and integrity are two of the most important words in my vocabulary. Add a dose of common sense and you have a road map for life.
Marc
A Democracy is when two wolves and a lamb vote on the dinner menu. That is why this country was specifically not designed as a Democracy. We are a Constitutional Republic.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: Marc K]
#7120095
03/23/18 12:08 AM
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Joined: Aug 2012
Posts: 4,436
TFF Caribou
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I would love to see an age distribution chart overlaid on the opinions posted on this thread.
Honesty and integrity are two of the most important words in my vocabulary. Add a dose of common sense and you have a road map for life.
Marc Inhnderstand what you are getting at, but where is the integrity of the seller? This was NOT the same as listing it for sell here and leaving out a number. Nobody would expect you to sell it then. This was a no reserve auction. The seller chose to use a no reserve auction because it saved him a few pennies. He could have set the reserve at the price he wanted, then he wouldn’t be required to sell. He chose not to do that. That auction was then up for the entire duration of the auction. It appears he does regular constant business on gun broker. He would have seen the bids as they came in and realized they were much lower than he expected and could have done something then (he could have bought the gun himself and relist in). He again chose not to do that. It appeared he decided to let it ride, and it bit him in the butt. A guy who does business that way has no integrity.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: TFF Caribou]
#7120336
03/23/18 04:22 AM
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Joined: Nov 2012
Posts: 15,639
QuitShootinYoungBucks
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I would love to see an age distribution chart overlaid on the opinions posted on this thread.
Honesty and integrity are two of the most important words in my vocabulary. Add a dose of common sense and you have a road map for life.
Marc Inhnderstand what you are getting at, but where is the integrity of the seller? This was NOT the same as listing it for sell here and leaving out a number. Nobody would expect you to sell it then. This was a no reserve auction. The seller chose to use a no reserve auction because it saved him a few pennies. He could have set the reserve at the price he wanted, then he wouldn’t be required to sell. He chose not to do that. That auction was then up for the entire duration of the auction. It appears he does regular constant business on gun broker. He would have seen the bids as they came in and realized they were much lower than he expected and could have done something then (he could have bought the gun himself and relist in). He again chose not to do that. It appeared he decided to let it ride, and it bit him in the butt. A guy who does business that way has no integrity.
https://web.archive.org/web/20170223065011/http:/www.rrdvegas.com/silencer-cleaning.html
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HWY_MAN]
#7120667
03/23/18 04:08 PM
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Joined: Oct 2009
Posts: 12,658
Dustnsand
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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. I still can’t believe this. You think those on here that say the seller is in the wrong and should sell are lacking character and integrity?
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: Dustnsand]
#7120694
03/23/18 04:41 PM
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Joined: Nov 2009
Posts: 4,601
chalet
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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. I still can’t believe this. You think those on here that say the seller is in the wrong and should sell are lacking character and integrity? If this was a "buy it now" deal I could see seller maybe trying to back out, especially if it posted and sold super quick. Live auction though is different story. And yes, I will give over change back if somebody messes up.
Shoot. Eat. Repeat.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: chalet]
#7120727
03/23/18 05:29 PM
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Joined: Nov 2011
Posts: 4,563
patriot07
Extreme Tracker
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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. I still can’t believe this. You think those on here that say the seller is in the wrong and should sell are lacking character and integrity? If this was a "buy it now" deal I could see seller maybe trying to back out, especially if it posted and sold super quick. Live auction though is different story. And yes, I will give over change back if somebody messes up. Agreed. This is an auction. Value was determined by the market, not his price. Related to the Ford deal, what if the truck got put up for auction for $999 instead of $19999 and it sold for $5k. Shouldn’t the seller still be oligarchs by the results of the auction? This is all on him.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120740
03/23/18 05:41 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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Obviously there is a basic unfamiliarity of how auctions in general and GB auctions in particular work on the part of some.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120745
03/23/18 05:46 PM
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Joined: Apr 2007
Posts: 60,428
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 60,428 |
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120788
03/23/18 06:34 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
Texas colt45
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Texas colt45
Joined: Aug 2006
Posts: 11,657 |
and it goes on and on and on and on
hold on Newt, we got a runaway
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HWY_MAN]
#7120869
03/23/18 07:56 PM
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Joined: Aug 2008
Posts: 7,806
Deerhunter61
THF Trophy Hunter
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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. I'm in advertising, auto advertising, and as a RULE there is always a disclaimer somewhere on the ad that protects the dealer if the price is wrong as in the example you describe. If there was a disclaimer then your example simply doesn't work. As for bidding on something such as this gun the seller most definitely should complete this deal! He screwed up but the bidder won the bid and as unfortunate as it is for the seller he needs to show some integrity and complete the deal. I would definitely present you information to gunbroker and also on this sellers reviews. And I believe you'd be within your rights to sue him and I think you'd win.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120940
03/23/18 09:08 PM
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Joined: Sep 2013
Posts: 483
Uncle Zeek
Bird Dog
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Bird Dog
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I figure what goes around eventually comes around and life's too short to waste any more time on someone like that. wisdom. Ultimately, you're not out any money, so it's probably not worth your time to try to wrangle this. Especially since the subject matter of the contract is surely long gone by now. Sometimes we have a situation where we're in the right, and could win in court. But the cost of winning the fight is far more than the value of the thing in question. Guys like that aren't worth it. Have encountered similar sellers on Ebay. So long as I'm not out any money, it's usually not worth wasting time and energy on a fight.
"Decency is not news; it is buried in the obituaries - but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate, probate & taxes 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 work zac@artimlegal.com
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7120954
03/23/18 09:18 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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UPDATE:
So, because I wanted everything in writing, I emailed the seller and asked him to confirm the phone call from his employee, by email, that he was refusing to honor the sale because of a mistake in entering the starting bid amount. The guy then emails me with a completely different story that they sold the gun prior to the auction ending, but didn't take the auction down in time. This is in spite of the fact that his ad had no provision for local sales and in fact said that "there will be no face to face transfers..." Convenient.
I replied that when he created an account on Gunbroker, he agreed to their rules and policies. One of which states, "by listing an item you are legally committing to accept the high bid for the item. If you receive a bid above the minimum price you set, and a reserve price is not specified, you are legally obligated to complete the transaction." I then inserted the link for citation.
I explained that this means we had a valid contract for him to sell me the revolver for $351.00, plus $35.00 for shipping, that he breached that contract by anticipatory repudiation, and that neither of his excuses is a valid defense. I also explained what the "benefit of the bargain" measure of contract damages meant. His response was "Good luck with that."
Sooo, I just gave him an F rating, and left a generic statement that "Seller refused to honor my winning bid on a no reserve auction. His employee called and gave one excuse and when I asked for his repudiation in writing, seller gave a completely different excuse."
And... as expected he gave me an F rating too, even though I complied with all the rules and made the effort to complete the transaction as my part of the agreement. He even had the audacity, in the comment section, to call me "A piece of work," lie and claim he "offered to make it right by sending [me] some product" (I don't even know what this could be), and warned other users to "Beware" of me.
Anyway, I'm compiling all of our communications to send to gunbroker, with a statement, asking to have his comment and rating removed. I'm not asking them to do anything to the seller and whatever ends up happening, I'm just leaving it at that.
I figure what goes around eventually comes around and life's too short to waste any more time on someone like that.
I appreciate all of the outside input, as it is not always easy to remain subjective with personal conflicts. I know there are opposing views on most everything and all that I can do, is do what I think is right and hope that it is the right decision. With that, I'd like to thank each of you for your insight. This explains it all very clearly. The seller has zero integrity - one would know that simply by knowing how GB auctions work all as explained by many above. But we have it confirmed by the seller’s lying both in his changing stories to the buyer and in his bogus negative FB. Buyer did what he could do through GB and went on his way, not worrying about it any more. To me, it is clear who has the high road here and who doesn’t. In any event, it’s over and done now.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7122599
03/25/18 09:38 PM
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Joined: Oct 2010
Posts: 142
FRA
Woodsman
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Woodsman
Joined: Oct 2010
Posts: 142 |
I got to thinking and checked; I bid on the same model revolver from the same seller in a no reserve auction a couple weeks before yours. I checked, the serial numbers are different, but clearly they knew what they were doing listing that pistol with no reserve, they just expected it to sell for what the other one did. https://www.gunbroker.com/item/747106507
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: FRA]
#7122813
03/26/18 01:09 AM
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Joined: Feb 2008
Posts: 12,221
Grizz
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I got to thinking and checked; I bid on the same model revolver from the same seller in a no reserve auction a couple weeks before yours. I checked, the serial numbers are different, but clearly they knew what they were doing listing that pistol with no reserve, they just expected it to sell for what the other one did. https://www.gunbroker.com/item/747106507 Good catch. That auction started at $100.01 so I would say that should dispel the "mistake" excuse. I'm sticking by my original feeling - he started the bidding low on purpose based on an assumption and he got burned. Well, he almost got burned. As far as I'm concerned the guy is a grade A douche.
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Re: Seller on Gunbroker refuses to honor winning bid.
[Re: HankePanky]
#7122841
03/26/18 01:19 AM
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Joined: Nov 2007
Posts: 9,517
RiverRider
THF Trophy Hunter
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Posts: 9,517 |
As far as I can tell, that auction ended at $605. I wonder if the seller actually delivered on the deal.
"Arguing with you always makes me thirsty." -Augustus McRae
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