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if the card gets lost in transit en route to the new buyer, the new buyer does not assume responsibility for the lost shipment, Memory Lane does. And Memory Lane reimburses the buyer and pursues, independent of the new buyer, recompense from the shipping agent. If you do not take the risk and/or responsibility related to shipment, how can you claim to be the owner?
I did not read his ebay auctions. Surely he is not having ML ship it directly to who he is trying to sell it to. I am saying he is the new owner as he has entered into a contract to purchase it. I see no issue here. I wouldn't do it but I can't fault a guy for trying to flip cards he just bought.
This message has been edited by hrbaker on Apr 5, 2009 10:10 AM
Title can pass independently of risk of casualty. Also, having a claim to the cards based on the auction gives the buyer the best claim of anyone with a legitimate claim to title. Basically, he has a contract to purchase that requires only the completion of payment to execute. Flipping something you have under contract (like an option) is common in many fields, especially real estate.
Nothing wrong with flipping; as long as the seller is the winner of the lot at auction what's the difference when he tries to sell it?
I agree with Barry, I find it hard to believe that ebay can bring more money than a major auction house.
==
I refuse to engage in a battle of wits with an unarmed opponent.
Unknown author
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We made a promise. We swore we'd always remember.
No retreat baby, no surrender.
The Boss
Let's suppose I'm buying the lot on eBay and for some reason the seller do not get his card from where he bought it (lost in mail or whatever other reason) he promise to sell it to me but he doesn't have it what is my recourse then?
Let's suppose I had a private buyer for a $1000.00 dollars more can I sue the seller for a lost of gain since he failed to deliver the cards?
I'm with JDRUM here, (Hi Jeff). It doesn't really bother me either. Yes, it's a pretty rapid flip but if the new owner feels comfortable enough doing this, so be it. I personally wouldn't do it but what another person does isn't my business. FYI, I have purchased from this seller before with no problems whatsoever.
Assuming the ebay seller is the high bidder on the lot he became the owner of the cards when the hammer fell per Memory Lane's Terms and Conditions.
A lot of companies take orders for and sell products that they don't have on hand. I personally wouldn't be confortable doing it but I can't fault someone for taking a chance on a quick flip if he thought the timing was right.
I once won a lot on eBay and the guy sent me a scan showing his dog had chewed up what I'd won. He was sorry, I could buy for less, not buy, whatever I wanted. My point, just because a fellow wins an eBay auction does not mean that he WILL get the item. If the item is no longer available, then the deal's off.
I would not do what this eBayer is doing, but I think it is ok for him to auction something he just won somewhere else. If ML doesn't get it to him, the eBay auction will obviously be voided. Doing this auction without the cards in possession increases the possibility of problems, but I think it's ok. Lots of electronic mail order and internet businesses list stuff they don't have on hand, but once you "buy" it from them they get it from a same-day or next-day provider.
i personally think that you should not sell what you do not own. I mean thats what it basically comes down to. I have on occasion added cards to my Set Registry before ive got them but after i paid for them. To some that could be viewed as wrong as well. I will never sell a item that i do not own.
Obviously, if Barry Sloate had auctioned this lot, then the top 5 potential buyers on the planet would have been slugging it out, and the winner wouldn't be relisting on eBay. Where's that thread about how great Barry is?? I thought of it last night as I encountered a Woody Allen movie, all of those movies were the product of Barry's creativeness and organizational skills, Woody was just the front man. Barry went to Vegas once, long ago, the result, Atlantic City. Barry went to Disneyland once, the result, Disneyworld on the east coast...
I always watch certain cards and am amazed to see the same one's over and over. It seems like a lot of work to make a few bucks but whatever it takes I guess. When you factor in ebay fees and paypal fees it just doesn't seem worth it in many cases. It is always funny to be bidding on a card, just miss out and then the next day see it up on BIN for twice the amount, and of course it never sells but hey, more power to them. These type of sellers are a lot like day traders, win some, lose some, mostly a wash, what a rat race !!
I don't have a problem in theory with what the flipper is doing, assuming he was in fact the winner, but in practice his timing vis a vis eBay may get thrown off by the fact that ML, speaking from experience, may take for-friggin-ever to get him his cards.
Not sure Joe Flipper strolled into ML's office in Cali from Niagara Falls, NY to pick the cards up right away.
My take is to each his own. Joe Flipper can do what he wants. I think it is funny but Joe must think that Ebay is a bigger body of water to fish then people who bid in ML.
I have bought several lots from this seller, always off line, and he has been extremely reasonable about price....in the end. I guess you can always go down, but never back up.
As David McDonald said, ML does take forever to ship. I have bought from them several times (high dollar items) and each time I think they are going to speed up the shipping since at this point the must know that my checks aren't going to bounce. No such luck. This guy may not have his lots for 30 days unless he works something out with ML. If someone were to BIN it today, he would have a lot of explaining to do.
Just for fun, I asked the seller when he thought he'd get his T202s and Ruth card from Memory Lane so I could see some scans. He replied "mine came from rrauction awhile ago-from me to you-HAVE A NICE DAY "
Hmmmm...something is not adding up right. I guess this one is best left alone...
He is using the same scan and descriptions from Memory Lane, but says his cards (which he doesn't have at the moment according to him), came from somewhere else. I'm assuming ML has the cards, which means he may have bought a fake lot somewhere else and is trying to flip them. All conjecture, but curious nonetheless. I don't know him, so I'm not pointing fingers - just saying I'll bid with the upcoming REA lots instead of his lot on Ebay!
Just by chance, did anyone on N54 win one of those two ML lots?
Take Care,
Geno
This message has been edited by HercDriver on Apr 6, 2009 7:19 PM
He emailed me back and mixed up lots - so he is indeed waiting for them to show up from Memory Lane. Case is closed...maybe he'll make some quick coin, maybe not...
Does that REALLY happen in Memory Lane's auctions? I thought everything sells...well except the E93 Wagner PSA 9. Oh yeah and those few dozen cards that had to be recerted by Joe Orlando a year or so before that.
Greg
This message has been edited by BOTN on Apr 7, 2009 3:44 PM
