Suing for 782D

[lhull]

Frank, I have bought and sold through Ebay (2000+ transactions) for several years and have met some really nice people, but also a handful of jerks as well. Ebay no longer holds the title of the most number of JERKS residing at one place, Paypal recently edged them out for that top spot.
Good luck on this crap that you are going through in regards to the tractor auction.
Larry

 

[fmorski]

DIGGER

"When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:"

Directly from E-Bay Site

 

[digger]

Frank,
Having done some INTERNAL work for greedbay years ago in Safeharbor, and also being present at many meeting in San Jose over the years, I can tell you that there is NO contract between a buyer and seller on any VENUE that you may be a part of.
That straight from the greedbay lawyers mouths on more than one occassion!
To pass along a little quote we used to use on a daily bases!
"It's easier to sue the Pope and win than us"

 

[fmorski]

Digger:

I am Not suing Greed-bay....if it is not a contract, then they are making FALSE statements on EVERY transaction!!!!!
No wonder their stock is headed DOWN!

If it is not a CONTRACT then it is ILEGAL to make such a statement.

This means that they are misleading their clientel. Don't bet the farm that a good attorney placed in the right venue could not beat their scam!

I passed by a law office yesterday on the way from giving expert testimony in court...The name on the Top was "BRUCE COOK" Remember a corporation named "INTERNATIONAL HARVESTER" he put THEM OUT OF BUSINESS!!! Happens to be the same building where I met my wife...was a Night Club before he moved in because it was acoss the street from the court house. I clearly remember the day IH LOST! I would suspect that they were far larger than E-Bay......

I was renting an office to an Attorney when the verdict came down and he came in laughing how Bruce had GOTTEN IH....it was the bigest news in our area and before it was all over, it was world wide news. $16.5 Mil....what would that be today ? that was early 80's dollars... maybe $150 Mil today...
Feds could get interested also when fraud is rampant....

We will see what happens Monday at 2:30....

Either way, I am probably going to cancel my account....they are not interested in my big ticket item transaction....so I can take them somewhere else where it cost me far less.

Wonder wha kind of bad hair day the 782D seller had on July 11th? That was the day he got served.

 

[dsauve]

Frank you are begining to rant and it sounds like you are airing out some dirty laundry.

 

[bhamberg]

A rant!? Dirty laundry! Thats ridiculous to even say! I'm tired of everyone taking things for granted in this world. It is really making things go downhill fast. I look at it as more of a "heads-up" as to whats going on, so we'll all know when we come across it. This e-bay seller needs to step up and be a man. Good luck Frank, I've been in the same spot you are. I wish I would have pursued my case further to make people realize their actions.

 

[mgonitzke]

I'll second Ben...

Dean, how often have you used ebay? Ever sold anything on there? Or maybe bought a "big ticket" item? You have no grounds to say something like that if you don't even understand this issue. Frank and I had a very interesting talk about eBay last night. As both a buyer and a seller, I can DEFINITELY say there are some serious issues with it. It is no surprise to me either their stock is falling...

 

[bmcmeen]

I dunno, the only mention of contract that I can find is here:<blockquote><hr size=0><!-quote-!><font size=1>quote:</font>

You are agreeing to a contract -- <font color="ff0000">You will enter into a legally binding contract to purchase the item from the seller if you're the winning bidder.</font> You are responsible for reading the full item listing, including the seller's instructions and accepted payment methods. Seller assumes all responsibility for listing this item.<!-/quote-!><hr size=0></blockquote><font size="-1">Doesn't say a dang thing about the seller having to sell you anything at the end of the auction, only that you as a buyer are committing to purchase the item if you win.</font>

 

[dsauve]

It is because of situtations and people like this seller that I will Only deal money matters face to face during negotiations and finance terms in writing. There is more to communcation than just the words, body language and tone of voice indicate alot about the people you are dealing with. I am a frequent auction buyer and would never buy something only seeing pictures and the sellers word. Mr Seller needs to step up and be honest but from what I have read here apperantly he really doesn't have to sell. Ever heard buyer beware? there are bigger problems to worry about in this country than who is trying to screw who out of what on EBay.

 

[bhamberg]

Sorry Dean, but I respectfully disagree. I think the lying and the screwing is the start of all the problems. This country was built on trust. Without it, what do we have? We are no better then the rest. This country is starting to run rampant with idiots and liars and I'm just glad some people care enough to go down with a fight instead of sitting back and saying, "Well, what are ya gonna do 'bout it...all well." If Frank entered such contract to purchase machine by bidding on it, then the other party must execute the process also. Frank would be opening himself up to litigation if he did not follow through with his side of the contract. Just my .02 cents worth

 

[mgonitzke]

I was just gonna say that...and not just the country's problems, the whole world's problems arise from dishonesty and greed, just like this case here. Were kind of going off on a tangent, so I'm gonna give this a rest for now unless someone posts something really interesting.

 

[digger]

Matt G.

 

[fmorski]

BRIAN:
YOU NEED TO LOOK A LITTLE HARDER!

FOLLOWING COPIED DIRECTLY FROM E-BAY!!!!

"When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:........"

BESIDES...THERE IS NO SUCH THING AS A ONE-WAY CONTRACT!!!!!

My final post...I will not provide the outcome of this case...I am tired of being TREAED LIKE A DISHONEST PERSON....

Signing OFF

 

[mbounds]

Frank M: Just consider the source(s). Remember Illegitimati Non Corborundum..."Don't let the bastards wear you down". Lot's of us think you are a decent honest person with some backbone...Hang in there...we are with you...

Myron B

 

[lbaker]

I"ll second that Myron!!!

 

[aschumacher]

Frank, hang in there. A few towns from me. POLICE BLOTTER..Internet Fraud. A victim claims to have bought a watch on E-Bay for $9,176 and never received it. Incident under investigation. LIKE DUH!

 

[klorenz]

Frank,
I fully agree with Myron. After the many times I have bought parts from you, I know you are honest, fair dealing, and a man of your word.

Don't let the comments from people that don't really know you get you down. Good luck tommorrow and GIVE HIM HELL!!!

 

[mhomrighausen]

I'm tired as usual from work and having a fun weekend. I got to meet and visit with some super people and some old friends and neighbors. I shouldn't be adding my 1/10 of a cent thoughts on this however here goes.

I respect everyone for stating their opinions about what this Ebay controversy. Again I view these are opinions. I truly and fully support Frank M. in his decision to fight this with full passion. I pray that he wins and thus sets a precedence and higher standards for everyone. Once upon a time I used to speak my opinion fully and honestly. If I saw wrong and spoke up and everyone else saw and knew it was wrong it always seemed they would turn and look away or even turn me. Privately they would voice support and publicly chastise me. Now, here is why I support Frank M. and I mean this with no disrespect to anyone.

I truly believe that Frank has a very good case and I pray that he wins. It is easy to be on a board or part of an organization and listen to what their attorneys have to say. Naturally their attorneys "think" they are bulletproof. Sad to say with any situation the other side only has to have someone with a quicker draw and that bulletproof feeling becomes vulnerable in one heck of a hurry.

When reading anything be it a newspaper or a contract always remember what I was told in high school: "Never speak or write so much as to be understood. Speak or write in such a mannerisn that you will never be misunderstood." The best and most thorough person and not necessarily an attorney can find a loophole or fault in anything that is written. How they present those findings is also crucial.

In Frank's last and I again pray that it is not his final posting about this I wll say this. I've also read those Ebay words that he posted about the seller and buyer entering into a binding contract.

Before I go to bed ( where I should have been a half an hour ago) I'll sign off with one of my "Marlinisms":

If it doesn't look good on the paper that you put it on then next time use Charmin.

 

[aschumacher]

Frank..If you dont want to post..pls e-mail a few of us and let us know how things went. A.