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Mar 25th, 2012
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Seller on Gunbroker refuses to honor winning bid. #7105275
03/08/18 10:34 PM
03/08/18 10:34 PM
Joined: Nov 2009
Posts: 128
Houston, Texas
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HankePanky Offline OP
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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 :







Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105302
03/08/18 10:53 PM
03/08/18 10:53 PM
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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.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105311
03/08/18 10:59 PM
03/08/18 10:59 PM
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Lake Jackson, TX
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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.


Jorge Sakai
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Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105319
03/08/18 11:03 PM
03/08/18 11:03 PM
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Carrollton/ Young, Blanco coun...
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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.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105326
03/08/18 11:06 PM
03/08/18 11:06 PM
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Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105330
03/08/18 11:07 PM
03/08/18 11:07 PM
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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.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105337
03/08/18 11:10 PM
03/08/18 11:10 PM
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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


Life's journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting.......holy kaka.....What a Ride!
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105411
03/09/18 12:01 AM
03/09/18 12:01 AM
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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.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105412
03/09/18 12:02 AM
03/09/18 12:02 AM
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Nice gun btw.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105441
03/09/18 12:27 AM
03/09/18 12:27 AM
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Watauga, TX
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I donít believe him for a second. Nobody starts a no reserve auction with a price that high.


The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105449
03/09/18 12:30 AM
03/09/18 12:30 AM
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Howard County
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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.


Cruz it or lose it!
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105496
03/09/18 01:02 AM
03/09/18 01:02 AM
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Wise Co.
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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.




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.
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105510
03/09/18 01:12 AM
03/09/18 01:12 AM
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Garland, Tx
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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...

Re: Seller on Gunbroker refuses to honor winning bid. [Re: JCB] #7105525
03/09/18 01:21 AM
03/09/18 01:21 AM
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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.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105538
03/09/18 01:27 AM
03/09/18 01:27 AM
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"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.


trying to figure out Rio gobbler and javelina hunts in TX
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105549
03/09/18 01:30 AM
03/09/18 01:30 AM
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If your certain a mistake was made, then I would not push the deal, however I would leave negative feedback detailing exactly what transpired. In all reality you are best to walk away from any dealings with an individual of low character. The question that also begs asking is what would happen if the shoe was on the other foot and your bid was more than you intended and you subsequently won the auction? My guess is both gunbroker and the seller would expect you to honor your bid....


Smokey Bear---Lone Star State.
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105558
03/09/18 01:34 AM
03/09/18 01:34 AM
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Mason, TX
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I'd walk away from it. If you get down in the gutter with this bottom-feeder, you're only going to get as dirty as he is.

Report the incident to GunBroker and go shop for another one.

Last edited by mikei; 03/09/18 01:36 AM.
Re: Seller on Gunbroker refuses to honor winning bid. [Re: RiverRider] #7105563
03/09/18 01:36 AM
03/09/18 01:36 AM
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Wolfe City, TX
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Originally Posted By: RiverRider
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.


This.



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Re: Seller on Gunbroker refuses to honor winning bid. [Re: FiremanJG] #7105576
03/09/18 01:44 AM
03/09/18 01:44 AM
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Royse City, TX
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Originally Posted By: FiremanJG
Originally Posted By: RiverRider
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.


This.
Yep, this is an open and shut case. I made a mistake on eBay once. You ship it and move on. Nobody forced him to sell it. He listed it at a price that he picked and it sold. Iím really not sure how anyone could say that he shouldnít be legally forced to ship it.

Furthermore, if it was that big of a mistake, it would have got bid up way past $351. The market set the final price - not his mistake.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105577
03/09/18 01:46 AM
03/09/18 01:46 AM
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It doesn't matter if the seller made a "mistake" which I don't believe he did. If you are selling something you are watching it so pretty sure the seller was. Plus if its that valuable he should have put a reserve on it. Gun Broker's terms say it is legally binding so I say pursue to the fullest.



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Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105591
03/09/18 01:59 AM
03/09/18 01:59 AM
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Plano, TX
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Most people here know I buy and sell on auction sites also. I ALWAYS start with a low opening bid and no reserve on the items I sell. This seller did the same, he made no mistake or error. He gambled as I do that the market will set the price. Usually it does - sometimes it doesn't. For me it was when I listed something like 20-25 new in package Steyr 30 and 40 round AUG mags thinking they would sell for $20-25 each. I listed them in one auction as opposed to individual auctions because I wanted less hassle and honestly was lazy. Sure enough all 20-25 factory Steyr mags sold for like $60 damn bucks....but I packaged them up and mailed them off like I was supposed to. Maybe not as much a loss as this fellow did but if you don't set reserves/high opening bids in order to ensure you get more activity on your listings - it's a chance you take.

Leave him negative feedback and if it were me - I'd post up his seller name everywhere for all the world to see what type of a person he is. I sold those mags for $60 because my word is my bond and my integrity is worth way more than a few dollars lost on any transaction.

Earl

Last edited by Earl; 03/09/18 02:01 AM.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105623
03/09/18 02:23 AM
03/09/18 02:23 AM
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Good on you, Earl. I dunno how much cash you missed out on, but it sounds like a pretty good pocketful of change...but insignificant when compared to the value of your reputation and integrity.




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.
Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105689
03/09/18 03:05 AM
03/09/18 03:05 AM
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Get with Gun Broker. An online auction is a binding legal action,and no matter if the seller screwed up on his beginning bid,that's his fault and loss for not proofing his auction when he set it up.
Gun Broker should/will stop him from selling if he doesn't make good on the deal,and you can win any legal action that you are willing to take against him.

The seller needs to read the rules of holding a firearm for auction. You won it fair and square,he's the one that made a mistake and it will cost him that firearm.

Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105815
03/09/18 10:08 AM
03/09/18 10:08 AM
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Parker County
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Looks to me like he owes you that $351 pistol. If he wants to keep it, he can buy it from you for $1130 or however much you are willing to sell it for.


It is far more important to be able to hit the target than it is to haggle over who makes a weapon or who pulls a trigger.

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Re: Seller on Gunbroker refuses to honor winning bid. [Re: HankePanky] #7105817
03/09/18 10:53 AM
03/09/18 10:53 AM
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GunBroker doesn't play around with stuff like that. Leave negative feedback and contact GunBroker


"There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre." Louis L'Amour
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