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 Post subject: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Mon 17, 2019 9:56 pm 
Member

Joined: Nov Mon 13, 2006 6:01 pm
Posts: 53
Location: Worcester, MA
Several hours ago, I bought and paid for the radio listed in the auction:

https://www.ebay.com/itm/RARE-1937-38-Motorola-9R-Console-Radio-/183850863732?hash=item2ace5d8c74%3Ag%3AwrgAAOSwcUpdB7v9&nma=true&si=EkNG0O9ShSHtFJHMdeYqLEHTYD0%253D&orig_cvip=true&nordt=true&rt=nc&_trksid=p2047675.l2557

As I browsed eBay this afternoon, I came across a relisting from the same seller with the identical auction with a higher starting price and Buy It Now price.

https://www.ebay.com/itm/RARE-1937-38-Motorola-9R-Console-Radio/183851027030?hash=item2ace600a56:g:wrgAAOSwcUpdB7v9

It is clear he came to the realization that the value of the radio was greater than what I paid.

Nevertheless, I have bought and paid for this radio. I am now the legal owner of this property. The seller's by offering my radio for sale in another auction may be considered a wilful act of internet fraud.

I do not want my money back, I want the seller to give me access to my newly aquired radio so it can be shipped to me.

eBay has been notified of this matter.

Your thoughts?

_________________
Bill Whelan
catalinstore.com
Antique Radio Consignment Store


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Mon 17, 2019 10:51 pm 
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Joined: Jun Sat 07, 2014 9:08 pm
Posts: 713
Location: Sanger, CA
I saw that it had sold earlier today for $999. It'll be interesting to see how eBay handles this one.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Mon 17, 2019 10:54 pm 
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Joined: May Thu 26, 2011 5:58 am
Posts: 3905
Location: Capon Bridge, WV
If its bought and paid for, as in he accepted payment, then its yours. The only thing to change the status would be a full refund in which you would be out the radio but have your money back. Depending on how it goes and if possible I'd bury him with a glaring negative feedback comment, within the constraints of ebay policy of course :roll:

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"Those are my principles and if you don't like them.. well, I have others"


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Mon 17, 2019 11:21 pm 
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User avatar

Joined: Jan Tue 31, 2012 1:55 am
Posts: 9551
Location: Mountains of Mourne. Ireland.
This happened to me six or seven years ago. I too wanted the radio.

Long story short - - ebay made them send me the radio in the end. They, ahem... accidently sent me the same message that they sent to the seller. It contained a veiled threat about terminating their account.

I got the radio.

------------

Six months ago I bid and won on a Mac computer. Seller canceled the sale, saying that it had been dropped and damaged.

I let it go this time.


You are unfortunately at the mercy of unscrupulous sellers.
I would like to think that ebay would mark this guy's card for future issues - - - but, alas, ebay are no longer the same company that I first started trading with in 1999

Greg.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 12:03 am 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 18544
Location: Albuquerque, NM 87123
eBay will not force a seller to ship an item if a refund has been made. They won't even make the seller give an explanation.

I have refunded buyers for various reasons; when it's done the right way eBay doesn't object. In your case, since the seller relisted immediately, they may say something, but I doubt they will try to make him send the radio.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 12:24 am 
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Joined: Jan Fri 18, 2019 8:52 pm
Posts: 117
Rare, eh? So is Neurofibromatosis, but that doesn’t make it desirable.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 12:31 am 
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Joined: Jan Tue 31, 2012 1:55 am
Posts: 9551
Location: Mountains of Mourne. Ireland.
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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 12:41 am 
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Joined: Jan Fri 18, 2019 8:52 pm
Posts: 117
Well, after over 20 years on eBay....all I can really do is yawn. Is it right? Of course not. Is it ebay? Yep.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 1:58 am 
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Joined: Feb Sat 08, 2014 3:29 am
Posts: 267
Location: Petaluma, CA
Newest listing has ended because "item is no longer available". I guess the seller came to the realization that he/she just sold it OR eBay intervened???

Craig R.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 2:26 pm 
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Joined: Feb Thu 28, 2019 7:48 pm
Posts: 323
Location: Lawrenceville, Illinois 62439
I would have been scared to death to spend that much with a seller feedback of '8', only two of those for sales.
Hope it works out!
Dan


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 4:52 pm 
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Joined: Dec Sun 01, 2013 4:10 pm
Posts: 8397
Location: Long Island NY
Blunt..
You don't own it, eBay doesn't care, I've been through it. If he refunds you then he is in the clear. Your feedback may be worth it if he makes $1000.00 over the price you paid. He only has 8 feedback so he can just start a new account. Your legal claims and yada yada mean nothing to eBay.

Sad but true..

In honesty,
You finagled the deal as I see it. You contacted him privately and got it for the opening bid. Unless I am missing something.
You were a little shady and now he is being shady. I'm not bashing you.. I have done the same thing. I'm just saying the situation is not all cut and dry.

:)

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I'm not a hoarder.. I am a collector of piles of stuff. :)


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 5:39 pm 
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Joined: Nov Tue 20, 2012 12:26 am
Posts: 108
I won a majestic a few months ago and I went to check the shipping. They cancelled the sale and did a refund. Because there was no sale I could not leave feedback.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 6:24 pm 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 5011
Location: Perrysburg, OH, U.S.A.
OldRestorer wrote:
Blunt.. You don't own it, eBay doesn't care, I've been through it. If he refunds you then he is in the clear. Your feedback may be worth it if he makes $1000.00 over the price you paid. He only has 8 feedback so he can just start a new account. Your legal claims and yada yada mean nothing to eBay.

Like hell he doesn't! The contract was entered into when he offered to buy the item for a price that the seller agreed to. The buyer paid the money thus fulfilling his part of the contract. To fulfill the terms of the contract the seller is now obligated to send the item to the buyer. Failure to do so is a legal tort subject to remedy in the courts if necessary.
John

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“Never attribute to malice that which can be adequately explained by stupidity.”
― R. A. Heinlein


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 6:58 pm 
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Joined: Jan Fri 18, 2019 8:52 pm
Posts: 117
Hey, OP!

Surprise me with a status update.

Will we hear from you again?


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 7:07 pm 
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Joined: Dec Sun 01, 2013 4:10 pm
Posts: 8397
Location: Long Island NY
Sorry John but it just doesn't matter. Obligation is BS in this situation.
Ebay.... Doesn't..... care....

If the OP wants to try to sue then go ahead. The time and money wasted will be more than the worth of the radio.

Kirk

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I'm not a hoarder.. I am a collector of piles of stuff. :)


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 7:15 pm 
Member

Joined: Jan Thu 24, 2013 11:50 pm
Posts: 3098
Location: Bristol, Rhode Island
OldRestorer wrote:
If the OP wants to try to sue then go ahead. The time and money wasted will be more than the worth of the radio.

Kirk

Seriously. There is a huge difference between absolute truth and practical truth when it comes to eBay and these kinds of issues.

Someone on this threadsuggested that bringing this to a court of law would be possible. Sure that may be possible and the aggrieved might even win, but at what cost in time, headaches, BS, legal paperwork and uncertainty? There comes a time when, even if you are in the right, the better bet is to walk away.

Such idealism, with little regard to the realities of getting involved in something like that. Hopefully you'll get the radio. If not, get your money back, move on and look for another.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 7:56 pm 
Member

Joined: Jan Thu 01, 1970 1:00 am
Posts: 1731
Location: Long Beach, CA USA
Ebay can't do much to compel the seller to ship the item, especially if he claims it was "lost or damaged" or whatever. Ebay will certainly compel a refund. Good luck suing for specific performance, especially if he's already handed off the console to another buyer.


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 8:34 pm 
Member
User avatar

Joined: Jan Thu 01, 1970 1:00 am
Posts: 5011
Location: Perrysburg, OH, U.S.A.
Diverted wrote:
OldRestorer wrote:
If the OP wants to try to sue then go ahead. The time and money wasted will be more than the worth of the radio.

Kirk

Seriously. There is a huge difference between absolute truth and practical truth when it comes to eBay and these kinds of issues.

Someone on this threadsuggested that bringing this to a court of law would be possible. Sure that may be possible and the aggrieved might even win, but at what cost in time, headaches, BS, legal paperwork and uncertainty? There comes a time when, even if you are in the right, the better bet is to walk away.

Such idealism, with little regard to the realities of getting involved in something like that. Hopefully you'll get the radio. If not, get your money back, move on and look for another.

The quote from the movie "Star Chamber" says it all: "Someone has taken justice and hidden it in the law."
John

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“Never attribute to malice that which can be adequately explained by stupidity.”
― R. A. Heinlein


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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 8:45 pm 
Member

Joined: Nov Mon 13, 2006 6:01 pm
Posts: 53
Location: Worcester, MA
OldRestorer wrote:
Blunt...
Sad but true..

In honesty,
You finagled the deal as I see it. You contacted him privately and got it for the opening bid. Unless I am missing something.
You were a little shady and now he is being shady. I'm not bashing you.. I have done the same thing. I'm just saying the situation is not all cut and dry.

:)


Dear OldRestorer- The reason I post so infrequently on ARF is because of "radio ingrates" such as you. You carelessly attack my reputation without a modicum of facts to substantiate your very strange conspiracy theory. You know, people such as you that spew such negativity can't help themselves. They have an uncontrollable psychological tick that drives their lives always in the negative direction. This is symptomatic of a fragile personality that has been starved of optimism.

Knowing your predisposition towards the negative, I wonder during your 6 years of membership and 8117 posts, if you have ever contributed anything meaningful to the enhancement of this hobby's knowledge base or the enjoyment of a group of people with a passion for tube radio.

I encourage you to start a campaign of positivity that will serve other negative members to follow your lead. Bill Whelan

_________________
Bill Whelan
catalinstore.com
Antique Radio Consignment Store


Last edited by OldRadioCrazy.com on Jun Tue 18, 2019 8:59 pm, edited 2 times in total.

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 Post subject: Re: WARNING: Motorola 9J Console Tube Auction
PostPosted: Jun Tue 18, 2019 8:46 pm 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 32715
Location: SoCal, 91387
The re-listed auction has a starting bid at what the OP paid in the first auction. If he paid via PayPal, and the seller has not refunded the money, then he should definitely CALL eBay, and go over the situation with them, demanding that the ensuing auction be cancelled, and a note from them to the seller to make good on the transaction or face suspension.

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\\\\\\\\\\\\\\\\\\\\\\\\He Who Dies With The Most Radios Wins//////////////////


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