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O/T Ebay Purchase with No Guarantee

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Anonymous-0

Well-known Member
Hey Everyone, outside of working and tinkering on these old tractors, my wife and I collect autographs. We recently purchased a signed Hank Williams Sr Songbook for $385.00 Which is a deal as his autograph can go as high as $5,500 depending on condition and what it was that was signed. Anyways, got it bought, and the description said it was "authentic" Before I paid for it I asked the seller if they would guarantee it to pass any 3rd party authentication to prove it was legit. They replied and said There is No Guarantee because they know for a fact its real and they aren't going to trust some 22 year old to look it over that doesn't know anything about it. They don't offer returns. But ebay has a policy that if the item isn't as described you get your money back as ebay will get it back for you. Should I go ahead and pay for it and hope its legit, and if not file a complaint through ebay, or just forget about it and not pay since they are being a real stick in the mud about it and not willing to guarantee it to pass authentication. Should I pay for it and hope for the best that is real or just pass on it and hope to find another one someday
 
it sold cheaper I believe because it was what I would consider in rough condition, and was signed by other artists as well, which were people who never made it big, so that hurts the value as well. It was sold with No Reserve as well and that's just what it ended up bringing. I feel if its legit its value is in the $1200-$1500 range top market value
 
You really should ask and get answers before you bid. Now they can file a complaint for a no paying bidder. Probably isn't legit, but should check that red flag out before bidding.
 
All of those questions should have been asked BEFORE bidding and winning the bid. Once the auction has completed, that constitutes a contract between buyer and seller. You are now legally obligated to pay for the item. If it should go to court, you would lose the judgement.
Your recourse would be if AND ONLY IF the item turns out to NOT be as represented.
 
Yes you have a contract to buy AND you have a guarantee from Ebay. Keep the ad and pay the money; then have it verified by a third party (licensed of course).
If it's not authentic ask for your money back. They refuse you file suit for your money and the cost of the lawyer. That's farud (sp).
 
If you won the bidding, you have to pay for it.
If you asked the questions thru ebay mail, There is a record
of it on ebays computers.
If in those exchanges, you asked if there was an authentication guarantee,
and they replied no, no guarantee....and you bought it anyway...
It's yours
If asking these questions of them after winning it, they didn't even need to bother with a reply.
It's yours now
 

I have bought quit a few things on ebay, with no problems. Recently I bought an article which was described as fully functional which after arrival a brief inspection proved that it was not. I contacted ebay and opened a "case" which prompted the seller to respond with "return for a full refund". So, the ebay system makes it hard for a seller to misrepresent something. However, I would first be sure of the authenticity of the third party review authority, and of course "if it sounds too good to be true it probably is"
 
You bought it. They stated it was legit.( the description said it was "authentic). If that is what it said that is all you need to file a complaint. You should prevail.
 
You really need to get a grip on reality.Figure that dozens of collectors have probably looked at the songbook you bought and passed on it that should tell you something.You ask questions BEFORE
you win the auction not after on ebay and everywhere else at an auction.If the seller was going to guarantee and figure the signature was really Hank's you think they'd of sold it as cheap as they did?No way you're going to 'sneak'
out a bargain on ebay with something as popular as Hank Williams.
 
Just like buying anything site unseen. Buyer beware !!!!

Did the seller even have a C.O.A. ?

You bid on it and won it now complete the transaction.
 
Honestly - sounds like buyer's remorse to me.

I don't know the reality - but it SOUNDS like you got excited over the low price, you knew it was a gamble, but the potential dollar signs blinded you. You probably just put in a fishing bid, not even expecting to actually win it.

Anybody who collects things like autographs pretty much has to know that the word "authentic" is a whole lot different from "authenticated". One is opinion, the other is factual.

If it hasn't been authenticated by somebody trustworthy, you're just gambling - hence the low price.

When you saw that nobody else thought it was worth gambling as much as you did, that's when you realized you over-payed for an un-authenticated signature, and now you're looking for a way out.

I'd say the best you can do now is refuse to pay because you thought "authentic" meant it was authenticated. Take the black mark when/if the seller gives you bad feedback, and don't try to blame them. They did nothing wrong.

Personally - for that much money, I'd just follow through on your gamble and pay it. If you can't get it authenticated yourself, you lose - not the end of the world.
 
As someone who has a few autographs in my collection, I'm a firm believer that 50% of all autographs out there are fake. (It was reported that even Nolan Ryan had his wife signing a lot of "his" autographs) On most of my autographs that I have, I witnessed the signing myself.
Got a coin to do a heads/tails?
 
You won the bid. You HAVE to pay for it and go through the process to get your money back if it turns out not as described.

You can't back out of a deal just because you are having buyer's remorse and "think" it "might" be fake. You have to PROVE it's fake to get your money back now.

Of course it sounds like the seller wouldn't believe anybody that told them it was fake. They would deny it, claiming that your expert was a fraud, claiming that you were attempting to defraud or defame them. They would probably threaten a lawsuit.

Just pay for the d*mned thing, have it framed, and enjoy it. You bought it because you liked it. Who cares if it's authentic or not?
 
That's what Dave Ramsey calls STUPID TAX.....if you already bought it you cant change the rules or terms now, take responsibility for your own actions and dont blame E Bay or the seller AFTER THE FACT. Of course, if you bought it with a warranty you have a right to demand it now but it doesn't sound like that's what happened.

John T
 
Looking at the ad the seller states it is authentic.
You bid on it so you bought it.
Ignore any BS the seller gives you regarding no returns etc.
If they have significantly misrepresentated the item it is called fraud and you have every right to a return, in past dealings with the odd deadbeat seller Paypal has been very good about siding with the buyer for what is right.
Complete the transaction and when you recieve it have it authenticated.
If it is authentic then you win and any money you spent having it checked is a good investment as you will end up with documentation for it.
If it turns out to be fake get it in writing and it will be a no brainer for Paypal to return your money for an item not as described. This is assuming you are paying with Paypal.
You have a limited amount of time to file a claim so get right on it.
 
Too late now you have won the auction. You are legally obligated to pay up for your 5000 dollar 385 dollar signature. Did you watch the Judge Judy where they guy bought 28 dollar an ounce silver for ten bucks an ounce. Same thing - can't get any faker. Think about it it is HANKS Autograph . They could easily have it authenticated and take it to auction and the sky is almost the limit. Bro it's HANK himself didn't the price raise a red flag? If Hanks autograph is worth 5000 then his signed songbook is worth 7000 or more.{ not a few hundred on eBay]
 
Doesn't sound like you have any reason to not complete the purchase and pay for the item.

Their wasn't anything in you're post about the payment being contingent on validating it's not a fake.

The seller would have every right to write a very bad review amount other things.

When you get it take it to someone who will give you a document that it's real or a fake. Don't be surprised if the person researching the item thinks it's real or a fake but can't prove it and you get nothing - no documentation.

It went cheep for a reason - I think you just purchase something you can't get authenticated or declared a fake - limbo and nothing you can do.

Hope I'm wrong as "not sure" is the worst outcome.
 
John you know better than that if the item which you no way of testing before buying turns out to be fake you have all the rights to take him to court and get your money back. Now if you had it tested and your guy said it was OK then that would be a different story. Since they refused to let have it tested before then it's not buyer beware anymore.
Walt
 
There are many aspects that I agree with on this. (And since one of my classes this semester is entitled 'Legal Environment' - largely focused on business, this post really interested me).

Here is what I see:

1) The seller represented the item as authentic in his original description. You bid on it, under the assumption that the description was correct. Should it turn out to be fake, at this point you would have good recourse.

2) You asked the important questions after you had won the bidding on the item. This, however, may prove to be detrimental to your case. If I were the judge/mediator, I would ask why you didn't ask the question prior to being committed to the item? That is what eBay's message service is for, correct?

3) Judging by the response you received from the seller when you did in fact ask him about the items legitimacy, I would say that he indeed had it appraised (by a younger person), and similar to what you see on the show Pawn Stars, etc., was offended by what was learned. He found out it was a fake, and was a little upset with the appraiser. He got duped by someone else, and it sounds to me that he is passing it on to the next highest bidder.

Now this is just me reading into it, and hopefully the item is authentic. Best thing to do, is have it appraised immediately, then go from there. You may have some recourse, as I am no legal expert, nor do I work for eBay's claim department. One of my courses this semester just happens to involve legal matters, which is my entire reason for commenting. I hope everything works out for the best, and you strike it rich!
 
10-4 they said it was authentic that puts them in the position to make sure that it is or return any an all cost..
Walt
If you bought a horse and it died before delivery who is wrong.
The seller has the duty to give to the seller what was promised.they promised that it was a real signature now you have to prove otherwise.
 
Ebay is very strict about selling fake things, if the seller represented it as real and it isnt, you will get a refund. Just because you asked for a guarantee after the auction closed, means nothing to Ebay (if thats when you asked them). Even if you asked before it ended, in the sellers responce to you they also said they knew it was real (insinuating they witnessed it or something), so they further reinforced that it was real. Just because they said they wouldnt guarantee the signature does not over ride Ebays policies of no fakes.

If it turns out fake, you will have to open a claim and it will take a while to get the money back in your paypal account but you will get it. Another drawback is, I think the cost of proving it fake is on you so there will be some cost to you.
 
Well all is not lost at least you now have a new handle you can replace tractor with ebay(LOL)

PS Let me know when you need to buy a used car
ole Shady Motors has some smoking deals from some old church ladies.
 
I'll ignore Ebay guarantee and get right to the point.

You think you are going to buy something for $385 and it can be worth as much as $5000?

Possible, but not probable.

Spend your money elsewhere.
 
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