(Topic ID: 183629)

Seller cold feet?

By Jean-Luc-Picard

7 years ago


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  • 100 posts
  • 52 Pinsiders participating
  • Latest reply 7 years ago by Mbecker
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There are 100 posts in this topic. You are on page 2 of 2.
#51 7 years ago
Quoted from YeOldPinPlayer:

If you buy items for a game not yet in your gaming area you're taking a risk.
Learn to manage your own risks. You wouldn't have the seller keep your payment if he called and said the game was struck by lightning and burnt to the ground would you? Of course not.
Write a contract if you want to minimize things like this.

Must learn to save money by not buying parts for games I don't currently own....heck this week alone I've bought three things for future games...lol.

#52 7 years ago
Quoted from YeOldPinPlayer:

If you buy items for a game not yet in your gaming area you're taking a risk.
Learn to manage your own risks. You wouldn't have the seller keep your payment if he called and said the game was struck by lightning and burnt to the ground would you? Of course not.
Write a contract if you want to minimize things like this.

Or maybe people should just do the right damn thing.

#53 7 years ago
Quoted from CrazyLevi:

Quoted from Otaku:
Isn't it like legally yours (yes, I know, only "technically") once the money changes hands?

Let's pretend that were actually true.
Lawyers don't work for free and it would hardly be worth the trouble. In the end he'd have a $5,000 Goldeneye, if he were lucky.

Actually, you had an offer and an acceptance, presumably confirmed in writing (email) and that constitutes a contract. You could have forced the sale. This would be much simpler with a local sale where you could do it in small claims court and really wouldn't need a lawyer. Out of state makes it a mess for jurisdiction and not worth the hassle. You did the smart thing in just letting it go, but you did have a legal cause of action.

#54 7 years ago

Holy crap there are 3 wanted ads for Goldeneye in the Marketplace right now. Who knew?

#55 7 years ago

is the seller going to comment at all?

#56 7 years ago
Quoted from Whysnow:

is the seller going to comment at all?

Since I decided not to mention his pinside name. It would be a bad idea for him to comment.

#57 7 years ago

The instant you make it known you are paying for shipping - there is no cancel.
That's too big a cost to swallow.

Horseshit - I'd have outed the worm seller to all.

#58 7 years ago
Quoted from Jean-Luc-Picard:

Since I decided not to mention his pinside name. It would be a bad idea for him to comment.

Goldeneye with shipping and a cancelled listing in the past week...

https://pinside.com/pinball/market/classifieds/archive/46238

Does not take a genious to figure this one out.

#59 7 years ago

Bet his feet wouldn't have got so cold if you'd have sent him some of these. Just sayin'

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#60 7 years ago
Quoted from Whysnow:

Goldeneye with shipping and a cancelled listing in the past week...
https://pinside.com/pinball/market/classifieds/archive/46238
Does not take a genious to figure this one out.

Doesn't take a genius to spell it either.

#61 7 years ago

I think this was the guy that posted on facebook about taking PAYPAL from someone in CA. Even said it was a Pinside member. As the thread went everyone told him not to take PP. So it might have come down to that.

#62 7 years ago
Quoted from arcademojo:

I think this was the guy that posted on facebook about taking PAYPAL from someone in CA. Even said it was a Pinside member. As the thread went everyone told him not to take PP. So it might have come down to that.

Yup, out of Florida, That's the one.

#63 7 years ago
Quoted from arcademojo:

As the thread went everyone told him not to take PP. So it might have come down to that.

Tall man strikes again.

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#64 7 years ago

Terrible call on the seller's part. I'd rather eat a little bit of cash if I had a change of heart about my initial pricing and establish a good relationship with a quality collector here over burning a bridge on a deal I already agreed to and got paid on. The fact he's not hanging out the seller out to dry shows what a stand up guy buyer is.

#65 7 years ago
Quoted from o-din:

From now on I insist on getting anything I order or buy before sending any money so I can decide if I got the better end of the deal or not. And that will set a standard for a new way of doing pinball business.

Do you mind telling us how you mange this feat? I have something to sell. I send you pics of it. but I don't know if you have any money or if you are just BSing me or trying to "Hello, I'm Jim and I live in Nigeria" me.

You send money. I send product. No money. No dice.

#66 7 years ago
Quoted from cottonm4:

Do you mind telling us how you mange this feat? I have something to sell. I send you pics of it. but I don't know if you have any money or if you are just BSing me

I send you pics of the money. You like? You send me the machine, then I send you the money. No machine, no money. Find some other sucker.

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#67 7 years ago
Quoted from vdojaq:

Doesn't take a genius to spell it either.

Glad someone caught that one

#68 7 years ago
Quoted from o-din:

I send you pics of the money. You like? You send me the machine, then I send you the money. No machine, no money. Find some other sucker.

Because of pictures, I see we are are at an impasse.

#69 7 years ago
Quoted from Whysnow:

Goldeneye with shipping and a cancelled listing in the past week...
https://pinside.com/pinball/market/classifieds/archive/46238
Does not take a genious to figure this one out.

Also claimed it didn't sell on pinside to avoid the fees. If this was the seller I think selling privileges should be revoked.

#71 7 years ago
Quoted from Cheddar:

Also claimed it didn't sell on pinside to avoid the fees. If this was the seller I think selling privileges should be revoked.

Technically it didn't sell. From what the guys post read. I really don't think he was trying to do a "dick" move. With my own personal experience with buying and selling I really won't go the paypal route with anything over $500. So before we all start breaking out the pitch forks and hangman noose let just chalk it up as a learning lesson. Or do we need another "My name is Keven G" thread?

#73 7 years ago
Quoted from arcademojo:

I think this was the guy that posted on facebook about taking PAYPAL from someone in CA. Even said it was a Pinside member. As the thread went everyone told him not to take PP. So it might have come down to that.

Interesting, so he lied when he said cold feet and wanted to keep it. He had an issue with using PayPal? I have bought and sold a few games across the country and used PayPal every time. I really dont see any other way to pay for a machine that isn't local. I even used the friends and family option...

I wonder if we will see a Goldeneye with the same photos for sale in Florida someplace. The ad will say.. Cash only lol

#74 7 years ago

hey bud, i think rick munson in campbell might have a golden eye sitting around in his shop, i could call him tomorrow (or pass along his number) if youd like.

#75 7 years ago
Quoted from Damon:

hey bud, i think rick munson in campbell might have a golden eye sitting around in his shop, i could call him tomorrow (or pass along his number) if youd like.

That would be great Campbell works, I can make that drive. As well very nice of you to help me out. My feet are hot and ready for a Goldeneye lol

#76 7 years ago

I had a seller back out of a deal (LOTR) years ago. Not for money but because he really didn't want to sell it & his daughter loved the game.

It was a bummer but it's only pinball. He felt bad & hooked me up nicely on 2 other games (originally I was to buy 3). To this day I still think of him as an A1 dude for sure.

No money traded hands tho & he more than made up for the issue on the other 2 deals so my story is different. However I will say the older I get the less this kind of shit bothers me. Life is short, even shorter if you're fat & enjoy bacon like me.

Good luck in your pursuit

#77 7 years ago

Np us northern cali guys gotta take care of each other or who will?

#78 7 years ago

I shook hands with a guy to buy his afm here in aus. They're quite rare and seldom come up on auction sites even in routed condition.
I paid through the nose as I was desperate for that title. An hour later he rings me saying he can't sell it and it's "not about the money".

#79 7 years ago
Quoted from PW79:

I had a seller back out of a deal (LOTR) years ago.

You could look on the bright side.

#80 7 years ago
Quoted from Otaku:

Isn't it like legally yours (yes, I know, only "technically") once the money changes hands?

Yes the machine is legally yours.
In theory you could sue the seller for damages for not delivering the machine. Completely unacceptable!

#81 7 years ago

If it was a PayPal issue, I would of provided my service of bringing cash, inspecting machine and ensuring everything was there and then the buyer could have just had it shipped from me. My only fee is a week of having it in my arcade of none to play, play, play...lol

#82 7 years ago
Quoted from Jean-Luc-Picard:

Interesting, so he lied when he said cold feet and wanted to keep it. He had an issue with using PayPal? I have bought and sold a few games across the country and used PayPal every time. I really dont see any other way to pay for a machine that isn't local. I even used the friends and family option...
I wonder if we will see a Goldeneye with the same photos for sale in Florida someplace. The ad will say.. Cash only lol

I only do paypal for deposits. No chance having sale canceled after the game leaves.

#83 7 years ago
Quoted from o-din:

To avoid this situation from now on, insist on having the machine delivered before any exchange of money or buying any parts for it.

There's no way I'd ship something before getting paid. Especially something as big, fragile and expensive as a pinball machine.

#84 7 years ago
Quoted from Jean-Luc-Picard:

I have bought and sold a few games across the country and used PayPal every time. I really dont see any other way to pay for a machine that isn't local. I even used the friends and family

Only payment I will take to ship a game is bank wire transfer. PayPal anything is not safe, gifts can be reversed if it's tied to a credit card. PayPal gift really only helps avoid fees.

#85 7 years ago
Quoted from Lermods:

Only payment I will take to ship a game is bank wire transfer. PayPal anything is not safe, gifts can be reversed if it's tied to a credit card. PayPal gift really only helps avoid fees.

Exactly. Paypal puts all the control in the hands of the purchaser and if anything goes wrong on a 20 year old machine with a thousand moving parts you're at the mercy of a stranger you never met face to face. Cash = king.

#87 7 years ago

We ALL know the pitfalls of Paypal and that's fine. Still does not excuse one for accepting Paypal, especially the family route(to avoid fees), and then turn around and refund the sale because he took advice from FACEBOOK!

There is no defense here for the seller, period. It was a shitty move all around. By the way, he ended the sale on Pinside as no sale way before he cancelled/refunded the sale through paypal. So either he knew he was going to void the sale all along OR was trying to avoid fees all around.

Seller played dirty pool.

#88 7 years ago

I'm not saying I would go this route (if I was the buyer), but I once had a classic motorcycle for sale and CL that needed to be restored I knew what I had and what it was worth. Of course I got all of the BS emails and text's but I got an actual call from a guy in CA that wanted the bike he also knew what it was and what it was worth. We talked a lot about the bike its history and so on. Then came what I thought was the scam, so I will Fed Ex you a check. Sorry no checks, then went into is there a Wells Fargo by you, nope. So I said if you are real wire me the money were I can pick it up cash I'm real. So he did it cost him some extra money and he told me that. I also had told him he could send his driver with money when he picked it up as an option and he actually looked at doing that to as he said he had done that before as well. So I stuck to my cash and carry advertisement and it worked. But in this case there was a lot of talking over the phone as we both wanted to make sure we weren't getting scammed at the end we were both happy as we even talked after he got the bike.

#89 7 years ago
Quoted from Lermods:

Only payment I will take to ship a game is bank wire transfer. PayPal anything is not safe, gifts can be reversed if it's tied to a credit card. PayPal gift really only helps avoid fees.

I don't think you can use a credit card for gifts, only a bank transfer. Can anyone confirm or deny this?

#90 7 years ago
Quoted from Lermods:

Only payment I will take to ship a game is bank wire transfer. PayPal anything is not safe, gifts can be reversed if it's tied to a credit card. PayPal gift really only helps avoid fees.

I would have done a bank wire transfer. He just seemed ok with PayPal. All he had to do was ask for a more secure payment. Granted that makes it easier for him to take the money and run so I can see the down side of that as well for the buyer.

I think sellers who use PayPal need to do some research on the buyer. For example is he active on Pinside as well how long etc. Not saying it confirms the integrity of the buyer. At least you have a better idea what you are dealing with and if PayPal is a good choice of payment.

#91 7 years ago
Quoted from TRAMD:

I don't think you can use a credit card for gifts, only a bank transfer. Can anyone confirm or deny this?

You can. However the gift option is no longer available. It's friends and family. If you use a credit card the buyer pays the fee if they choose.

#92 7 years ago

If the issue was payment or payment type the seller should have been up front with you and worked it out. At the end of the day it sucks he wasn't/didn't

#93 7 years ago
Quoted from CrazyLevi:

I woulda kept the 50 bucks. That's a better offer than you'd get from almost anybody busting a deal around here.

I'm sure you would have. I'm not into "non-refundable" deposits either, and never request such a thing when selling a game.

Quoted from Otaku:

Isn't it like legally yours (yes, I know, only "technically") once the money changes hands?

Not really. Under contract law, there has to be adequate consideration exchanged by the parties. Here, money was exchanged, but no game at the time. What constitutes consideration can vary, but one party cannot benefit from a transaction without the other getting something in exchange.

Back in law school, I remember reading a case where a grandmother told her grandson she would give him $10k if he quit smoking. He quit, and she didn't pay. He actually sued the poor woman, and the Court held that she promised money (her contractual consideration), and that his consideration was the act of giving up something and "performing a task" in exchange for the promised monetary compensation. He won in Court and she had to pay him. Oral contracts are actually enforceable in some states. But as Levi said, if you are going that distance, you'll end up overpaying due to fees, costs, etc.

Possession of a tangible item is actually 9/10's of the law, so even though something is paid for, does not mean that legally it is yours until you've taken possession of the item. Ask Bernie Madoff's clients. They never actually possessed what he promised them they paid for, and got screwed beyond belief.

#94 7 years ago

I think people who are suggesting a legal remedy are over stepping
Jean Luc had a deal that soured, that sucks. He posted on Pinside to vent, thats OK

That it is still being discused 24 hours later is a waste of time

#95 7 years ago
Quoted from PopBumperPete:

I think people who are suggesting a legal remedy are over stepping
Jean Luc had a deal that soured, that sucks. He posted on Pinside to vent, thats OK
That it is still being discused 24 hours later is a waste of time

I don't think anybody suggested a legal remedy. A question about legality was asked and answered by a few people.

And I don't know about anybody else, but after reading all of this I kind of want a Goldeneye now.

#96 7 years ago
Quoted from PopBumperPete:

Jean Luc had a deal that soured, that sucks. He posted on Pinside to vent, thats OK
That it is still being discused 24 hours later is a waste of time

Just to confirm. I am not upset anymore I am well vented and on the hunt once again lol.

That said, everyone else is free to vent their stories if they want. I probably won't be adding anything else to this thread so best of luck everyone, have fun and keep them feet warm.

#97 7 years ago
Quoted from Colsond3:

I'm sure you would have. I'm not into "non-refundable" deposits either, and never request such a thing when selling a game.

Not really. Under contract law, there has to be adequate consideration exchanged by the parties. Here, money was exchanged, but no game at the time. What constitutes consideration can vary, but one party cannot benefit from a transaction without the other getting something in exchange.

In which case, there may also be a remedy under equity for unjust enrichment.

A lot of people make the quite reasonable assumption that there needs to be money changing hands in order for there to be a valid contract, but as you rightly pointed out consideration is a necessary but not sufficient element in terms of contract formation. There mere fact of doing a relevant act or forbearance in return for the potential exchange of goods can of itself constitute legal consideration and lead to both contract formation and subsequent breach.

The thread was a good discussion as it stands particularly the legal rights and remedies available, and I am glad to hear it has all worked out for the parties involved plus as mentioned before there are plenty of other machines out there so best not to sweat the small stuff.

#98 7 years ago
Quoted from Jean-Luc-Picard:

Just to confirm. I am not upset anymore I am well vented and on the hunt once again lol.
That said, everyone else is free to vent their stories if they want. I probably won't be adding anything else to this thread so best of luck everyone, have fun and keep them feet warm.

Sounds like the whole ordeal left you shaken, but not stirred.

#99 7 years ago
Quoted from PoBoyPinball:

If the issue was payment or payment type the seller should have been up front with you and worked it out. At the end of the day it sucks he wasn't/didn't

Isn't it implied that a gentleman pays for a Goldeneye only with Moneypenny?

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#100 7 years ago

Maybe you could have double-0-sevened-down on the deal and offered more money? Or tried paying in stocks and bonds instead?

Sorry.. those are pretty bad lol, lame situation for sure, always exciting when a deal is about to happen, sucks to be let down. If local I always take off from work if possible to seal the deal asap as you just never know until you are driving away with the game in the car.

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