(Topic ID: 23111)

Having a moral dilemma here, guys. Advice...

By DrainO

11 years ago


Topic Heartbeat

Topic Stats

  • 100 posts
  • 65 Pinsiders participating
  • Latest reply 11 years ago by Chrisbee
  • Topic is favorited by 1 Pinsider

You

Linked Games

There are 100 posts in this topic. You are on page 1 of 2.
-1
#1 11 years ago

10 days ago, I sold my HSII to a gentleman in Dallas. He paid for it on August 13th, everything good there.

We arranged for a driver that runs a route in the state to pick it up this Saturday. All good. So, I basically haven't played it. Until today. Here's the problem now....I don't want to sell it. I feel like a prick, and haven't contacted him yet, but I'm about to just hit issue refund on Paypal and send an apology. I will NEVER find another HSII in this condition. Ever. It is gorgeous.

So, should I go through with the sale, or just be honest with the man and give him his money back with my apologies?

#2 11 years ago
Quoted from DrainO:

10 days ago, I sold my HSII to a gentleman in Dallas. He paid for it on August 13th, everything good there.
We arranged for a driver that runs a route in the state to pick it up this Saturday. All good. So, I basically haven't played it. Until today. Here's the problem now....I don't want to sell it. I feel like a prick, and haven't contacted him yet, but I'm about to just hit issue refund on Paypal and send an apology. I will NEVER find another HSII in this condition. Ever. It is gorgeous.
So, should I go through with the sale, or just be honest with the man and give him his money back with my apologies?

They made several HS2s, you can find another.

Do you like it because it is super-fun, or because it is gorgeous? In either case, you van certainly find another HS2 that plays well, or one that is gorgeous. Backing out when it is largely your fault (as in, don't sell until you are sure), seems a bit iffy.

Not sure on some other details...like, why did you sell a game you never touched, or if you just promised the buyer you'd find him a HS2, or what.

That's my thought..

Pete

#3 11 years ago

I meant I hadn't played it since we made the deal. Just been playing TZ. And I like it for both reasons. It plays great, looks great...everything is near perfect. I fully admit it's my fault. I haven't done anything to disrupt the deal. Just having second thoughts.

Should NOT have played it tonight

24
#4 11 years ago

If he paid and you already arranged for shipping I think the right thing to do is stick to the deal. Most of us at one time or another learn the hard way that we better be absolutely sure we want to sell a pin before actually selling it. Just my 2 cents hope it works out.

#5 11 years ago
Quoted from The_Dude_Abides:

If he paid and you all already arranged for shipping I think the right thing to do is stick to the deal. Most of us at one time or another learn the hard way that we better be absolutely sure we want to sell a pin before actually selling it. Just my 2 cents hope it works out.

Yeah. He was a helluva a nice guy, collector and paid a fair price. I guess the best way to get over it is to just buy another pin

But damn, gonna feel like one that got away

#6 11 years ago
Quoted from The_Dude_Abides:

If he paid and you all already arranged for shipping I think the right thing to do is stick to the deal. Most of us at one time or another learn the hard way that we better be absolutely sure we want to sell a pin before actually selling it. Just my 2 cents hope it works out.

Agreed, how would you feel if the shoe was on the other foot?

#7 11 years ago

I've had many similar experiences: when you play a 'goodbye game' it's always gonna be a great game and you're always gonna wonder why the heck you're selling it! I remember I had a fantastic last game on my Champion Pub one hour before the new owner would pick it up. I managed a Grand Champion score, never had so much fun on it. But I did let it go saying: "now I've seen everything in this machine".

Remember, there are so many great games to be bought and discovered and you can't keep 'em all (unless you're Kevin Martin) - my advice: sell it, don't look back, move on to something new and exciting.

#8 11 years ago
Quoted from Chrisbee:

Agreed, how would you feel if the shoe was on the other foot?

Pissed. Good news is I have some pin cash!

#9 11 years ago

9 out of 10 times when a thread is titled like this on the Internet, it's trying to help someone justify doing something screwed up.

If you back out now, expect a thread in your future likely titled, "WTH is with some sellers" and the body saying something like "Paid for the game. Arranged shipping with a third party and this jerk suddenly decides to refund my money out of the blue...probably thought it was worth more...probably trying to get more cash out of me...probably had someone make a higher offer after I paid and wants to get out from under our deal...I'm so pissed screw this shit..." etc.

Some would say the game legally may not be your property anymore if you made an agreement and cash exchanged hands...but I did not go to law school.

You had from the time you prepped the machine for sale, motivating yourself to put the word out that it was for sale and mulling around after going back and forth on price to hit the eject button. IMO you're beyond the point of no return when cash has exchanged hands. Play it. Kiss it. Hug it. Pack it a lunch. Tell it to call you every week. Then send it out into the world.

-5
#10 11 years ago

I disagree. If you want it still, keep it. Here is what I'd do personally. I'd refund him his money, apologize and explain the situation, and send him $50 or so for an apology. If you choose to, you could still just apologize and be done. It's one thing to sell it to someone else, also a dickish thing to do. But to decide to keep it is another thing entirely. If he showed up in person to get it, I'd have another opinion. But since he's just waiting for it, there's really no harm done other than he'll be upset. As many others have pointed out - there are tons of these machines and *he* can find another one.

#11 11 years ago

Glad you read the next 3 replies I posted before you wrote all that. This was directed at sosage

-3
#12 11 years ago
Quoted from sosage:

Some would say the game legally may not be your property anymore if you made an agreement and cash exchanged hands...but I did not go to law school.

Nope, it's really no different than buying something from a store that hasn't yet shipped it. They have the duty to either ship it or refund the money. He can decide to refund instead.

#13 11 years ago
Quoted from DrainO:

Pissed. Good news is I have some pin cash!

And tomorrow, “a once in a life time opportunity” come up and you’ve got the cash and knowing you did the right thing, but it’s up to U

#14 11 years ago

To me, what price do you put on your integrity? If I went through your situation, I would sell. It sucks, but to me a deal was struck. To me, it would be hard to back out of the deal, just because I don't want to sell it now.

What happens in a month, when you decide you will sell it for real this time. Do you call the guy and tell him he can buy it now? If it were me, I'd tell you to flower your nuts. I wouldn't trust you. I'd be thinking, let's go through this again, just to have the A-hole change his mind again. No thanks.

#15 11 years ago

The honorable thing to do is sell IMO. You said he's a nice guy that paid fair market value. That should count for a lot. He treated you fairly and respectfully, you should return the favor. He's going to be frustrated and upset despite they way he treated you. Show some empathy. Treat others how you want to be treated and what comes around goes around. All that good stuff. He may have passed up 5 great deals since sending you the money. That's what happens to me every time. I buy a pin and the following few days I find all the good deals. Sell the pin, like I said what comes around goes around. Unless you don't believe in that. Guess it all depends on the moral standards you hold yourself to.

#16 11 years ago

Seems to me like you made the deal. You should stick with it.
Seller's remorse is normal, but have fun looking for a replacement.

#17 11 years ago

When you took payment you already committed. No backing out now.

The only acceptable thing to do would be to call the seller, let them know you are having sellers remorse and offer to buy iy back from them for XXX amount.

#18 11 years ago

Absolutely 100% not cool. Legality issues aside, a pinball machine is not the same as a DVD player you can return on amazon. You sold it to him, took payment, and arranged shipping. The deal is done.

I think everyone who has sold a machine has felt that sense of loss and it leaves their house, but it's just a thing. Remember why you sold it in the first place!

#19 11 years ago
Quoted from Whysnow:

When you took payment you already committed. No backing out now.
The only acceptable thing to do would be to call the seller, let them know you are having sellers remorse and offer to buy iy back from them for XXX amount.

If you really can't part with it I think this is an acceptable option. If I got a call like this from a seller and it was sincere (not a sham because he can sell it for more to someone else) I'd understand.

Hopefully you'll do the gentlemanly thing and honor your transaction.
But I think it would be a nice conversation to let the seller know that if he ever feels like getting rid of it to call you first. You'd be happy to buy it back.

#20 11 years ago

He paid, it's not your game it's his. If you are getting cold feet, tough. Time to put on your big boy pants and not compromise your morals over a game.

Just by posting, you know it's wrong, your just hoping someone here will justify your poor actions. Sure enough at least someone did, I would never deal with someone who even thought about pulling this crap. I would never deal with markmon based on his lack of integrity.

He paid, it's his. It's very obviously not okay.

#21 11 years ago

A wise man once said to me - "dont fall in love with your shit"

#22 11 years ago

It's doesn't hurt to talk to the buyer and ask about killing the deal. Maybe it was a 'on the fence' purchase and he would just be cool with it. Maybe the wife just tore him a new one for another purchase. It's sounds like there's a little hiccup with shipping anyway. It might be easier for the buyer to just find a different pin locally

Ya never know unless ya ask

#23 11 years ago
Quoted from Ranhorton:

But I think it would be a nice conversation to let the seller know that if he ever feels like getting rid of it to call you first. You'd be happy to buy it back.

Definitely go through with the sale and the buying back conversation is a great idea

#24 11 years ago

This is why you don't "play a goodbye game". When I put a down payment on my pin, the guy unplugged it, and said "It's yours now" , even though I was to pick it up two days later. He didn't play it during that time.

Playing a goodbye game with someone you've agreed to sell to's machine is dangerous. If you break something on the pin, then what?

#25 11 years ago

Personally, you guys made an agreement and more so he paid. This has happened to me once and it was overly frustrating. I was all ready to go pick up the pin after the couple days when he had the time and BAM! He calls, refunds and gives me some sob story. I mean, it's a material possession and we had an agreement and I paid. It was 'oh well', but I do think far less of this guy for that.

#26 11 years ago

Karma dictates complete the transaction..You will be rewarded 10 fold.

#27 11 years ago

Sell the game, otherwise in a month it will be for sale again

#28 11 years ago

I agree with Monster_Bash...give the guy a call and explain the situation. If he's was dead set on not backing out of the deal, I would follow through with it and buy a new pin with the money. Nothing gets you over the last girlfriend like the next one.

#29 11 years ago

I don't really think you a forum to ask others what to do on this situation. Your conscience is bugging you as it should. You know what the correct and right thing to do here, so man up and do it. Just think about yourself in his situation, how would you feel???

p

#30 11 years ago

There's nothing wrong with making the call and telling the new owner that you are having sellers remorse. Just be sure your language conveys to the new owner the fact that you know it is his now and not yours.

How can it be yours when money has passed hands, I don't get how that thought process works.

#31 11 years ago

Sell it. I was gonna explain, but thepinfamily wrote what I was gonna say

#32 11 years ago

Morally, it's his.

Legally, I'm not sure. I *think* legally it's his, but I don't know for sure.

The thing is, you opened this thread with a moral question.

Send him his game. Tell him you'd like the opportunity to buy it back if he tires of it, because you really enjoy the game, that's perfectly fine.

Or, offer to buy it back at a premium price..

But you need to complete the sale morally. If I were doing a seller check, and heard a story like this, I wouldn't want to buy a game from you.

Pinball really is a small, tight-knit group in many ways.

#33 11 years ago

You made the deal. Sell it. It's only a machine. You can get another. It's much harder to get your integrity back. By just creating this thread it seems you have a conscience, and there's no reason to have this weighing on it.

#34 11 years ago
Quoted from markmon:

Nope, it's really no different than buying something from a store that hasn't yet shipped it. They have the duty to either ship it or refund the money. He can decide to refund instead.

Sorry Mark, but you are wrong here.

The terms of the agreement were reached, each side agreed to those terms, consideration was actually paid to the seller, and shipping arrangements were made. All elements of a contract were satisfied. If he decided to keep the pin and not go through with the deal, he would be breaching the contract and the buyer would be entitled to sue for damages.

Of course from a practical standpoint, his damages are going to be nominal and very difficult to prove, and clearly not worth bringing a lawsuit. But technically, it would be his right to do so. He might even be able to sue for specific performance, requiring the OP to go through with the sale.

You can't compare this type of transaction to something like buying from a store that hasn't shipped merchandise yet. Those types of transactions are covered by a different area of law called the UCC (Uniform Commercial Code).

#35 11 years ago

Deal is a deal backing out this far in is a douche bag move. Follow through with the agreement you made. Make good on your word. It's much better for your pin karma

Also I would say you can change your mind anytime you want until $ change hands. He paid for it, the machine is not even yours anymore. He owns it and has a receipt for it

I know how it feels to wish you hadn't sold one, but there are plenty of others out there don't worry my friend

#36 11 years ago

If it was paid in full you shouldn't have been playing it. Send him his game. Some have said you might get repaid ten times over, if you don't send it you may repay ten times also.

#37 11 years ago
Quoted from Don1:

There's nothing wrong with making the call and telling the new owner that you are having sellers remorse. Just be sure your language conveys to the new owner the fact that you know it is his now and not yours.
How can it be yours when money has passed hands, I don't get how that thought process works.

I do agree with Don.

The buyer is the only one who should make the decision as to who gets the game. In a sense you need to throw yourself at the mercy of the court, and you must abide by his decision.

The sooner you make the call, the better it will be.

But try to consider what your opinion will be about the situation or yourself if he says you can keep the game. Which regret will be worse, selling the game or not selling the game? Potential cost either way.

Good luck. Growing pains.

Dan

#38 11 years ago

sell the game or compensate the man with some money..
you always get rewarded by being a good person

#39 11 years ago

I've slept on it, and yes...I posted this because I knew it would be a shitty thing to do. I haven't contacted him, and the deal will stand. It was my good bye game so to speak. I guess I had that why sell this moment.

My hesitation wasn't the money, or to sell for more. It was for ownership.

But, like has been mentioned...nothing helps to get over one girl like getting under another

This just serves as a reminder to NEVER sell TZ, no matter how mad I get at it sometimes.

Thanks for the straight talk, gentlemen.

#40 11 years ago

What is moral and what is legally moral are two mutually exclusive concepts. As a lawyer (and this is NOT legal advice) it would appear that there is a valid and binding contract here. The laws of your state may differ slightly, but the essential elements of an enforceable contract are generally known to be:

You made an offer (step 1) that buyer accepted without materially changing the terms of the offer (step 2); there was a mutuality of obligation or meeting of the minds between the parties (step 3) in agreeing to the essential terms of the contract, i.e., the parties agree to the same thing in the same sense at the same time; there is certainty of the subject matter (step 4) that would enable a court to understand the parties' obligations, i.e., machine in exchange for money; consideration was paid by the buyer (step 5); and the parties are competant to enter into the contract (step 6), i.e., no one is a minor or mentally incompetant.

As RobT notes, his damages are probably nil, but he could sue you for specific performance of the contract -- to make you deliver on your promise to sell the machine. If buyer passed up an opportunity to buy another machine because he was going to buy yours or drove to your house (expending time and gas) he very well could be "damaged."

Even if there wasn't a binding contract here, buyer may be able to sue you under the theory of promissory estoppel whereby you made a promise to sell, that promise was reasonably relied upon resulting in legal detriment to the buyer and justice requires enforcement of the promise. So even where there isn't a valid contract, a court may, in equity, create a "contract" based on this theory in order to achieve an equitable result.

So... whether there is a legal contract or not, buyer may be able to get the machine from you regardless of what you do at this point.

#41 11 years ago

I think that's the right call DrainO.

#42 11 years ago

Good choice IMO drainO.
Plus one for morals

#43 11 years ago

Ask him if he wants to sell it back to you and make him an offer he can't refuse.

#44 11 years ago
Quoted from DrainO:

I've slept on it, and yes...I posted this because I knew it would be a shitty thing to do. I haven't contacted him, and the deal will stand. It was my good bye game so to speak. I guess I had that why sell this moment.
My hesitation wasn't the money, or to sell for more. It was for ownership.
But, like has been mentioned...nothing helps to get over one girl like getting under another
This just serves as a reminder to NEVER sell TZ, no matter how mad I get at it sometimes.
Thanks for the straight talk, gentlemen.

Good Choice - I sorta had something similar with my Big Bang Bar. I found something wrong with the game after the buyer had a deposit in. I offered to cancel the deal and refund his deposit or take some off the price. He cancelled the deal, but the important part was it was in his hands. I think you could have asked him if he would let you back out, but that would prolly put a bad taste in his mouth. Offer to buy it back if he ever sells it. You never know. I bought my HS2 back from a friend I sold it to 10 years later! I had to have it.

#45 11 years ago
Quoted from PW79:

Sell the game, otherwise in a month it will be for sale again

Sell it. I have sellers regret every time. I am really suffering from it this time with letting TS go. (don't worry buyer, it is yours!)

There was a reason you put it on the market. You have temporarily forgotten it while you played a killer game on it.

You have lots of good advice already. I would reiterate that making a buy back offer once the sale is complete is a nice way to go. Following through on your word is of the greatest value here.

Once they are gone, the longing gets easier.

#46 11 years ago

I say you keep it.

Then go have sex with your best friends wife. Because this is inevitably the path this decision will lead you to...

#47 11 years ago

As many have said...it can't hurt to give him a call and explain the situation. Tell him it is HIS machine, but if he doesn't care that much, you would keep it. Keep it light and I'm sure everything wil be fine..

#48 11 years ago
Quoted from NY2Colorado:

I say you keep it.
Then go have sex with your best friends wife. Because this is inevitably the path this decision will lead you to...

I hate the term lol, but this made me lol

#49 11 years ago
Quoted from DrainO:

I've slept on it, and yes...I posted this because I knew it would be a shitty thing to do. I haven't contacted him, and the deal will stand. It was my good bye game so to speak. I guess I had that why sell this moment.
My hesitation wasn't the money, or to sell for more. It was for ownership.
But, like has been mentioned...nothing helps to get over one girl like getting under another
This just serves as a reminder to NEVER sell TZ, no matter how mad I get at it sometimes.
Thanks for the straight talk, gentlemen.

I Screwed up sell-n my TZ , $ 5K is some good cash , but I Miss TZ !! and Getaway is Goin No where

#50 11 years ago

i'd say just go through with the deal. it's not like it's a rare game. There are tons of them out there, and they are all reasonably priced. It's not like it's 1 of 100 or something. Get the cash, sit on it for awhile, and if you feel like you want another one later down the road then rebuy one later.

Promoted items from Pinside Marketplace and Pinside Shops!
$ 15.00
Playfield - Plastics
Pinball Haus
 
$ 19.00
Electronics
NO GOUGE PINBALL™
 
$ 20.00
6,300 (OBO)
Machine - For Sale
Newtown, CT
$ 9.95
Eproms
Pinballrom
 
From: $ 100.00
Playfield - Toys/Add-ons
G-Money Mods
 
$ 20.00
Cabinet - Decals
Pinball Haus
 
$ 65.00
Playfield - Toys/Add-ons
G-Money Mods
 
4,450
Machine - For Sale
Surfside Beach, SC
$ 10.00
Playfield - Plastics
Pinball Haus
 
$ 70.00
Playfield - Toys/Add-ons
RobTune
 
$ 329.99
Lighting - Other
Lighted Pinball Mods
 
$ 9.95
Eproms
Pinballrom
 
From: $ 3.50
Playfield - Other
Rocket City Pinball
 
$ 35.00
Playfield - Toys/Add-ons
G-Money Mods
 
From: $ 159.95
Cabinet - Sound/Speakers
PinSound
 
$ 30.00
Playfield - Toys/Add-ons
G-Money Mods
 
$ 19.00
Boards
Tilted Pinball
 
$ 120.00
Playfield - Toys/Add-ons
G-Money Mods
 
4,550
Machine - For Sale
Melbourne, ON
$ 15.00
Playfield - Decals
Metal-Mods
 
$ 22.50
Playfield - Decals
Pinball Haus
 
$ 225.00
Lighting - Interactive
Professor Pinball
 
$ 35.00
Cabinet - Other
Rocket City Pinball
 
$ 28.99
Lighting - Interactive
Lee's Parts
 
$ 109.99
Lighting - Led
Lighted Pinball Mods
 
4,025 (OBO)
Machine - For Sale
San Diego, CA
$ 17.99
Eproms
Matt's Basement Arcade
 
Great pinball charity
Pinball Edu
There are 100 posts in this topic. You are on page 1 of 2.

Reply

Wanna join the discussion? Please sign in to reply to this topic.

Hey there! Welcome to Pinside!

Donate to Pinside

Great to see you're enjoying Pinside! Did you know Pinside is able to run without any 3rd-party banners or ads, thanks to the support from our visitors? Please consider a donation to Pinside and get anext to your username to show for it! Or better yet, subscribe to Pinside+!


This page was printed from https://pinside.com/pinball/forum/topic/having-a-moral-dilemma-here-guys-advice and we tried optimising it for printing. Some page elements may have been deliberately hidden.

Scan the QR code on the left to jump to the URL this document was printed from.