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Any Lawyers?? E-Bay Question!

OK all you guys who think I'm being a jerk. I called the guy at the pawnshop today. I told him what he had done and what he had sent me. The guy was an absolute jerk about it, and when I asked him how about refunding me my 40 bucks shipping for being such a nice guy for calling you and alerting you to the mistake, which he didn't have a clue about, he won't even give me my 40 bucks shipping for saving him at least 500 bucks. Now do you still think I should let him have it back. When I first called him he was just a jerk, till he found out he had made a big mistake and I was going to let have it back. Then he changed his tune a bit, but still refused to even refund my lousy 40 bucks shipping. Typical pawn shop jerk!

His mistake, should be sent back to him at his cost, no doubt about that in my mind. I'm sure that he has a FedEx or UPS account, whatever. Tell him his package is ready for pickup by his preferred shipping method.

I'm curious as to where your correct item is?
 
Why do people think it's okay to screw a pawn shop? Because they don't like their business? Is it okay to cheat on your taxes? Or steal gasoline? That's some flawed logic. And, if a pawn shop is REALLY that bad, shouldn't you feel bad for helping their business? Why are you supporting their "evil" if they are so bad that you could cheat them?
 
Why do people think it's okay to screw a pawn shop? Because they don't like their business? Is it okay to cheat on your taxes? Or steal gasoline? That's some flawed logic. And, if a pawn shop is REALLY that bad, shouldn't you feel bad for helping their business? Why are you supporting their "evil" if they are so bad that you could cheat them?

I don't know if you're saying that I think it's OK to screw the pawn shop, I'm not. I'm just saying that the OP shouldn't be subject to laying out money for the pawn shop. Sending it back is the right thing to do, but not at the OPs expense.

Now taxes on the other hand are pretty debatable;):D
 
OK all you guys who think I'm being a jerk. I called the guy at the pawnshop today. I told him what he had done and what he had sent me. The guy was an absolute jerk about it, and when I asked him how about refunding me my 40 bucks shipping for being such a nice guy for calling you and alerting you to the mistake, which he didn't have a clue about, he won't even give me my 40 bucks shipping for saving him at least 500 bucks. Now do you still think I should let him have it back. When I first called him he was just a jerk, till he found out he had made a big mistake and I was going to let have it back. Then he changed his tune a bit, but still refused to even refund my lousy 40 bucks shipping. Typical pawn shop jerk!

joegeezer,

For the sake of clarity, was this the wrong item, as in different from the pictured item, or
did you receive the pictured item, but the seller didn't know what he/she had, as in the text was wrong?

I'm still not clear on the nature of the pawner's mistake. Did you receive the pictured item with faulty text, or did you get the wrong thing altogether?

And I wouldn't make a move until this person reimburses for shipping or provides a reason why he can't. [Perhaps he's like many of us these days and is hurting for dough.]
 
Y'all are making this way too complicated. There are two separate issues here.

1. You paid for merchandise you didn't receive and in all likelihood never will.

Call your credit card company and get a charge back.
You DID use a credit card...right?

2. You received something in the mail that you're not entitled to.

Call the sender, inform him. Tell him to send you a prepaid shipping voucher if he wants it back.

You have no idea whats going on at his end and you really don't care. Maybe his wife runs the ebay store and she caught him cheating. Maybe she screwed up 50 of his orders for a little payback. Thats his problem. Don't make it yours.

Straighten your transaction out on your end. Let him fix his on his end.

IMHO YMMV
 
if the pawn shop wants their merchandise back after making an error at which they are totally at fault the only right thing for them to do is reimburse you for shipping charges.

You have done your part. You made them aware of their error, attempted to correct it and are now getting stress when you only wanted to do the right thing.

Let the pawn shop deal with where they want to take it now. If they are smart, they'll send you $$ for shipping and either refund your original purchase or send you the item you intended to buy.
 
Now that I have all of you guys all fired up here. First to the guy who listed all of my stuff, off of my profile on here. Yes I have seven basses, none of them cost me over 150 bucks each, off of e-bay. I have added pickups and Schaller bridges to them, so they are worth more now. I'm almost 56 years old, and when you live this long, you accumulate alot of stuff. It's not from being rich, because I filed bankrupcy 10 years ago, after a car accident disabled me, and my wife and I live on 1600 bucks a month, from social security disablity. Thats the truth. Now say again how rich I must be. So.......... when a guy sends me a guitar worth 1000 bucks, I get tempted to just sell it, and let him take the loss. But so I don't have to listen to you guys or my maker at the gates, yes it's going back to the jerk. I bought another of my favorite Peavey Fury basses, the ones made in the last two years of US production, that have painted necks, which was a special order. I have only ever seen three of them, and I now own all three. At least I will have 3 when the last one gets here. I got lucky, and got this one for 100 bucks, plus 40 shipping. So I wait for Fed-X. It gets here, and my wife helped me un wrap it, and when she pulled it from the long box, I see a Fender case. I figured oh well, a case is a case, but seemed kinda short. I opened it up, and low and behold, it's a shiny, just like new 1999 US made Fender Deluxe Telecaster, the 60 year anniversary model, with the special switching, and the noiseless pickups. I checked on e-Bay, and there's a Fender dealer, with one just like it, but just a loaded body, with no neck, for a buy it now, of 800 bucks! So am I tempted to keep it?? You bet!
But the wife says send it back, and you guys say send it back, and my head says send it back, but when you call the jerk and tell him to issue call tags to pick my bass up, and pick this one up, and because I'm a nice guy by doing this would he please give me my 40 bucks of shipping cost back, leaving me paying just 100 bucks for the Peavey bass, and he won't do it, don't you think I'd be justified in keeping it?? Well a couple of hours later e-bay calls me begging me to send it back, and they even said, I really don't need to legally, I told them to tell the guy I'd think about it for a couple of days, to really let him stew in it. Well an hour later he sends me an e-mail. saying he will now give me the 40 buck credit, I'll call them back tomorrow, and tell them to issue a call tag for it, and hope the hell they follow through and really send me the 40 bucks, and my bass. Are you guys all happy now??????????????
And............... To all the guys saying how bad it is that I'd be ripping of a Pawn Shop!! Obviously, you have never had the pleasant experience of dealing with a pawn shop. They rip you off, when they give you a fraction of what your item is worth, and if by chance your a second late getting back to them, to get your item back, it's gone, and you'll never get it back. And I'm being real nice in my description of them. Ask almost anyone who's had to deal with them, and I don't mean buying something from them, I mean really needing money so bad, that you were forced to use them to pawn you precious guitar, or whatever. Ask those people about pawn shops.
 
I thought I knew the answer but wasn't certain so I looked it up and now I am 100% certain. You cannot legally keep the item because it is not yours.

If you have a legally valid agreement (in this case, a sale on an internet auction site) to purchase item X for a certain price and you pay for the item but the seller accidentally ships you item Y, you do not own item Y by virtue of its having been sent to you. You only own item X.

The seller is still legally bound to ship you item X as originally intended and because the mistake was his it now his responsibility to arrange for the return of item Y at his expense.



We all know what the ethically correct thing to do is (regardless of whether you can rationalize it away by telling yourself the seller is a jerk or that his profession automatically makes him a scumbag) and you should tell him you will ship the mistaken item back to him as soon as he arranges to cover the cost of shipping (you're correct that you should protect yourself from getting screwed out of $40 because of his goof) and you will also expect to see your originally intended item to arrive ASAP.
 
Before you ship it back, you need to make sure you have written contact with the seller. Even an email stating that you are willing to return ship provided the seller refunds shipping cost will help you with documentation. Since you have yet to receive the appropriate package, I would wait until that package has been received. I would state in the email that due to the sellers' negative response to the issue, the incorrect package will be returned upon receipt of the correct package and the funds for shipping have been credited to you.

Can you legally keep the package, probably. Are there scumbags in the pawnshop business, Sure. Is this guy one of them, sounds like it. But the question isn't about legality, it is about ethics. You know you received something you didn't pay for. You stated that, who sent it to you is really of no importance. If you keep it you become the person taking advantage of someone.

Pawnshops frequently pay a tiny percentage of what an item is worth, and if you purchase from them at a rate that is also below the going rate that is just business. Neither you or the pawnshop have done anything wrong because the sellers and buyers entered into a contract with eyes open. That is a far cry from keeping something that neither the pawnshop or you intended to have delivered.

It sounds like you have been burned by pawn brokers in the past. Your response sounds like in someway you are tempted to get even with this incident. But clearly you are not that kind of person. You are wrestling with the morality of keeping it, which means you have your morals. They are worth far more than the money you could make off this one guitar.
 
Even the guy from e-bay said I could legally keep it. I called a lawyer, and he said I could keep it too. You better read another book.



I guess the books I was reading from the NIU law library regarding basic contractual obligations are inaccurate.

Since a lawyer you talked to on the phone and also "the guy from e-bay" said otherwise, I would go ahead and keep the bass if I were you. As a bonus, their advice seems to be in line with what you want to do anyway. Besides, ethics is highly overrated.


Good luck and have fun with your new bass.
 
You have no control over how other people act. You can only control your own actions. The right thing to do is send it back on his dime. I would be tempted to keep it myself legally or not. I would send it back on his dime. Hopefully one day the owner will do the right thing when tempted to do not it and it will help someone else out. I like to think of the Pay It Forward movie. One day it will be your turn to benefit from someone doing the right thing.
I live on a dead end street off a freeway. I have given out countless gallons of gas to people who have run out looking for a gas station. Most of them say thank you and some are willing to pay for the gas. I tell no need just pay it forward when you get the chance.
I like to think I make the world a slightly better place because of my actions and it is really nice to see that there are many others out there that feel similar.
 
I guess the books I was reading from the NIU law library regarding basic contractual obligations are inaccurate.

Since a lawyer you talked to on the phone and also "the guy from e-bay" said otherwise, I would go ahead and keep the bass if I were you. As a bonus, their advice seems to be in line with what you want to do anyway. Besides, ethics is highly overrated.


Good luck and have fun with your new bass.

I hope you comprehended those law books better than you comprehended this thread.
He received:
"...like new 1999 US made Fender Deluxe Telecaster, the 60 year anniversary model, with the special switching, and the noiseless pickups."

As in like....a guitar. Not a bass.:hiding:

FWIW, I do believe, legally however, you are correct.:D
 
I don't know if you're saying that I think it's OK to screw the pawn shop, I'm not. I'm just saying that the OP shouldn't be subject to laying out money for the pawn shop. Sending it back is the right thing to do, but not at the OPs expense.

Now taxes on the other hand are pretty debatable;):D

My comment wasn't aimed at you. It was aimed at this:

The seller was a Pawn Shop! Any of you ever been screwed by a pawn shop?? Anyone who ever sold anything to a pawn shop has been screwed! Now what do you guys think?? Should I send it back or not??

My point was just that doing the right thing shouldn't be based on the thought that this is a pawn shop.

I agree with you completely. The item should be sent back at the SELLER'S expense, since it was his screw up. Sorry if my comment seemed aimed at you.
 
I'd wait to ship it until I got the refund. The guy sounds like a jerk and I wouldn't trust him.

And............... To all the guys saying how bad it is that I'd be ripping of a Pawn Shop!! Obviously, you have never had the pleasant experience of dealing with a pawn shop. They rip you off, when they give you a fraction of what your item is worth, and if by chance your a second late getting back to them, to get your item back, it's gone, and you'll never get it back. And I'm being real nice in my description of them. Ask almost anyone who's had to deal with them, and I don't mean buying something from them, I mean really needing money so bad, that you were forced to use them to pawn you precious guitar, or whatever. Ask those people about pawn shops.

A pawn shop offers a service. That service is loaning you money with collateral. How could they possibly be in business if they operated any other way than the way they do? Of course they offer you a fraction of what the item is worth. If they give you $350 for a bass worth $400, how are they going to make much money if you decide to not pick it up? Pawn shops don't force anyone to do anything. Would you steal from a bank or a credit card company, that does exactly the same thing, just at lower interest? I doubt it.

It is sad that people are so hard up for cash that they need the money that they would pawn their favourite guitar. That's an awful situation and I hope to never be in it. However, they provide money that the person wouldn't otherwise have.

I can understand the thought going through your mind that you want to keep the guitar. None of us are above temptation. But sending the guitar back (on his dime of course) is the right thing to do.