Broadway Rick's Strike Zone

[porsche544]

Hi Everyone,
This company has sold game used items in the past. I would like to share my recent horrible experience with Rick Kohl. I recently won an auction on EBAY through this company. The item was signed Norman Rockwell Original drawing. The auction had no reserve. I won the auction fair and square at around $400.00. A few days later a representative called me from Broadway Rick's Strike Zone told me that they made a mistake on the auction and that it wasn't suppose to be on sale. I told this rep that I had won the auction fair and square and that there was no reserve. After I hang up the phone, Rick (the owner) called me and said that he will not sell the item for $400.00, He said this item is worth $4,000.00 and that he wasn't aware that this auction was listed. He said that I should be COMPASSIONATE and to just back down on the deal. He said he will not sell this at the price that I won it for. So I told him that if I had won the auction at $4K if he would have gone through with the deal and his response was most likely. I do not know if anyone had a similar experience with this company. I asked one of the senior members on this board for his advice and I was told that there is basically nothing I can do, but to leave a negative feedback on EBAY. Any other suggestions to legally pursue this guy is welcome. I do not know what else to do at this point. A copy of their invoice is provided below. Thanks for your time.


To: xxxxxx@yahoo.com Saturday,
August 18, 2007

<< If you have already paid please verify the amount paid. >>



Congratulations, xxxxxxxxx You won the following items:



- Norman Rockwell Hand Drawn- Signed Caricature (290148921690)

Winning Bid: $397.21


Your total for this sale is:
$397.21 Sales Price
$0.00 Adjustments
$0.00 Sales Tax (7% for North Carolina shipping only)
$6.00 Shipping & Handling (For US shipping only, contact us for
international shipping amount)
-----
$403.21 Total

-----------------------
** We will combine shipping when possible. Please contact us if you
have questions.
** 7% Sales tax must be added for North Carolina shipping addresses.
** As stated in our auctions, we do not normally ship outside of the
US. If you have special shipping needs, please contact us at (800)
344-9103 or ebay@strikezoneauctions.com.
** Due to our volume, please allow up to 10 business days for shipping.
Checks will be held for 7-10 business days to allow for clearing.
-----------------------

Please send your shipping address and ebay item number(s) with payment.

3 Payment Options:

1) Paypal - please send payment to "sales@kohlsgallery.com"
2) Credit Card Payment by Phone - please call (800) 344-9103
3) Check or Money Order - please send payment and include a copy of
this page to:
Rick Kohl
1302 S Hawthorne Rd
Winston Salem, NC 27103

Thank you very much for your purchase. Seller ID: brsz

[G1X]

Did you pay for the item? I am not giving you any legal advice, but if you have paid for the item, that greatly changes the playing field.

Mark Hayne
Gridiron Exchange

[XPFO]

Straight from the pages of 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 that both members are expected to honor. If the seller doesn't live up to this agreement, it leads to a bad buyer experience and may result in negative or neutral feedback for the seller. Good practices that help sellers promote buyer satisfaction include:
<LI style="MARGIN-TOP: 6px">Accurately describing the condition, size and quality of the item directly in the listing. <LI style="MARGIN-TOP: 6px">Honoring the original terms by accepting payment for an item at the end of a successful sale. <LI style="MARGIN-TOP: 6px">Promptly shipping the item with appropriate packaging once payment has been received. <LI style="MARGIN-TOP: 6px">Responding promptly and professionally to questions from the buyer. <LI style="MARGIN-TOP: 6px">Proactively communicating with the buyer throughout the transaction.
Issuing refunds in a timely manner when accepting returns or when there are problems with delivery.http://pics.ebay.com/aw/pics/s.gif
Violations of this policy by a seller may result in a range of actions, including:
<LI style="MARGIN-TOP: 6px">Listing cancellation <LI style="MARGIN-TOP: 6px">Limits on account privileges <LI style="MARGIN-TOP: 6px">Account suspension <LI style="MARGIN-TOP: 6px">Forfeit of eBay fees on cancelled listings <LI style="MARGIN-TOP: 6px">Selling fee schedule adjustments <LI style="MARGIN-TOP: 6px">Loss of PowerSeller status
Referral to Law Enforcement

[earlywynnfan]

I don't bid on their stuff because I have never seen an item I was interested in go to full term. They pull anything that hasn't reached their unlisted selling price, and I hate that.

Ken

[otismalibu]

This guy either shills his auctions to get to the price he wants...

http://www.msnbc.msn.com/id/3078735/

Or refuses to sell because the price didn't reach his imaginary reserve.

And I won't even get in to his 'game used hair' auctions.

[porsche544]

I have not paid for the item since I am afraid they will not return my funds. Do you think I should send them a payment so I can pursue them legally? Please advise.

G




Did you pay for the item? I am not giving you any legal advice, but if you have paid for the item, that greatly changes the playing field.

Mark Hayne
Gridiron Exchange

[Yankwood]

I have not paid for the item since I am afraid they will not return my funds. Do you think I should send them a payment so I can pursue them legally? Please advise.

GDrop it and save yourself the headache. This guy's been pulling this crap for years. I had him send me a cancellation notice 1 hour before the auction ended because the item wasn't near what he expected for it. It's way too difficult to take care of this stuff from state to state. If you're prepared for a long drawn out fight with bad results and you have the time for that, pursue it. I would love to see this guy get what he deserves. But if not, consider yourself lucky you still have your money and just avoid him in the future.

[porsche544]

That is the consensus I am receiving. One of the active senior member of this forum helped me out a lot to understand what is going on his auctions and advised me to not also waste my time. I guess almost everyone on this board has some type of run in with this company. I guess I had to get it out of my system and alert the forum. Thank you all for lending me your ears. Regards, G



Drop it and save yourself the headache. This guy's been pulling this crap for years. I had him send me a cancellation notice 1 hour before the auction ended because the item wasn't near what he expected for it. It's way too difficult to take care of this stuff from state to state. If you're prepared for a long drawn out fight with bad results and you have the time for that, pursue it. I would love to see this guy get what he deserves. But if not, consider yourself lucky you still have your money and just avoid him in the future.

[b.heagy]

I would at least file a complaint through eBay to make them aware of the situation. Chances are if they can help your item may get "lost" in the mail anyway. Worth a shot in my opinion.

[skipcareyisfat]

This from one of their auction listings:

*****PLEASE NOTE*****
If you have not paid for your items after 14 days, we will file an unpaid item dispute with Ebay and give you a negative.

You should NEG this chump, porsche544. It's only fair. :rolleyes:

[both-teams-played-hard]

Broadway Rick doesn't care about negative feedback. He eats negative feedback for breakfast.
For those that aren't aware: Winston-Salem is off, off Broadway. Way off.

Seriously, Winston-Salem is a nice place to raise a family, with the smell of kool, refreshing menthol in the air.

[psmachetti]

I wouldn't buy anything from this clown. His rep in the hobby is as good as Lou Lampson's.I've heard nothing but negative things about dealings w/him. Just my opinion but he's a crook!
Paul

[geoff]

Hi I was trying to sell him a few bats about 3 months ago at a buying stop of his.Well he told me if a bat is worth $450.00 he would give me $225.00 for the bat.He was going to try to rip me off but I thanked him then left the room he was in.

Thanks
Geoff

[porsche544]

You are correct about him not caring about a negative feedback. He was suggesting that I give him a negative feedback which got me mad because if I did, that is accomodating his needs and he's happy with that. This guy is a real piece of scum/scam.




Broadway Rick doesn't care about negative feedback. He eats negative feedback for breakfast.
For those that aren't aware: Winston-Salem is off, off Broadway. Way off.

Seriously, Winston-Salem is a nice place to raise a family, with the smell of kool, refreshing menthol in the air.

[Swoboda4]

I think the value of the item is worth pursuing further by you. Ebay believes that by hitting the confirm bid button ,"a contract has been entered upon". Call these lawyers:
http://www.worldlawdirect.com/article/1083/eBay_business_dispute.html
Most lawyers don't charge for advise.
Robert

[Swoboda4]

The exact termininolgy which should prove successfull if pursued in court. And it's my guess that you may make the papers with a lawyer who will do this for free in what may be a surprisingly high profile case. And ..you will obtain the item which later on will be worth more than $4,000.

(You are agreeing to a contract -- You will enter into a legally binding contract to purchase the item from the seller if you're the winning bidder. 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. )

This is your item if you want it. Just fight a little bit

"Be Bold-And Mighty Forces will come to your aid".....King Basil

[Cubanfan]

I have had problems with him also.Leave feedback and move on. Buyer Beware.

Carlos

Always buying Cuban born players and vintage Miami Dolphins

[brianborsch]

I know that this may cost money upfront, but pursue this case! This guy is a total bastard and he needs to be taught that he is not in control and that he can't do whatever he wants. Since he allowed that auction to end, he needs to abide by the law. Teach him a lesson!

[grandpahoo]

This isn't legal advice, obviously, but you might find it interesting.

http://islandia.law.yale.edu/ayres/mutual.htm

[aeneas01]

have fun trying to pursue a small claims case that involves an out of state defendant - and have fun trying to find an attorney that will take such a case without a retainer.

the ebayer's obviously a dirtball - leave negative feedback, forget the fantasy that you actually have this bum in some sort of "binding contract" that you can actually make him live up to... and move on.

[cohibasmoker]

What I would do is pay for the item with PayPal and use my credit card to pay for the item. When and if the item comes, since it will be a large package, you'll probably have to pick-it up at the post office. Open it in front of the postal clerks. If the item isn't as advertised, at least you'll have some witnesses as to what was sent. Then send it back.

As for your money, if the item is never received or isn't as described, DO NOT go through PayPAl to get your money back. They do nothing. Go directly to the credit card company that issued the card for your refund.

To me, you have a case but, until the item is paid for, is the contract really completed? Rick's argument would be, he NEVER paid for the item. I was willing to send it but he NEVER paid.



Jim

[cohibasmoker]

Another avenue would be to go to your local FBI office. Because of the value involved and since they are looking at auction houses anyway, what can you lose?

You can file a case and whether or not the case goes anywhere is a moot point but at least it will be on file, it won't cost you anything and, you may get some satisfaction out of the event.

Jim

[grandpahoo]

it won't cost you anything

For what it's worth, there's likely to be some kind of filing fee.

[cohibasmoker]

The FBI as well as other law-enforcement agencies DO NOT charge fees when filing any type of complaint.

Jim

[grandpahoo]

The FBI as well as other law-enforcement agencies DO NOT charge fees when filing any type of complaint.

Jim

You mentioned "filing a case." I assumed you were referring to a lawsuit, and in most courts there's a fee associated with filing a complaint. Just trying to help the guy out, so relax, chief.

[cohibasmoker]

Grandpahoo/Chief: You assumed incorrectly. The FBI INVESTIGATES possible violations of Federal laws that may or may not lead to criminal prosecution.

Now how does the FBI start investigations? Cases that are generated by complaints filed by person(s) and/or corporation(s). And, it doesn't cost anything to file a complaint.

As for a lawsuit, one would not file with the FBI - they would file in civil court and for that, there is a charge.

Just trying to help the guy out.

[richpick]

Just out of curiosity what is his user id on ebay? I would love to see his feedback rating and what other buyers have said and his response. Thanks

[richpick]

Found it userid:brsz he does not have a negative feedback in over a month.
Does he make those horrible plaques himself?

[both-teams-played-hard]

http://toolhaus.org/cgi-bin/negs?User=brsz&Dirn=Received+by&ref=home

You can't make all eBay buyers happy. Its impossible. But figures don't lie. Try brsz-2 for more results.

[worldchamps]

Man I feel for you on that...that is so unfair he is getting away with that. You win something for a good price and then they will not send it.....that really sucks.

For what it is worth I will never bid on any of their items.

What really is unfair is no matter the outcome you are going to get a negative feedback out of this....so unfair

[grandpahoo]

Grandpahoo/Chief: You assumed incorrectly. The FBI INVESTIGATES possible violations of Federal laws that may or may not lead to criminal prosecution.

Now how does the FBI start investigations? Cases that are generated by complaints filed by person(s) and/or corporation(s). And, it doesn't cost anything to file a complaint.

As for a lawsuit, one would not file with the FBI - they would file in civil court and for that, there is a charge.

Just trying to help the guy out.

I'm really not sure what you're getting worked up about.

[JimCaravello]

Onward and upward I say! Just drop it and move on with your collecting - there will be other great opportunities out there for you - that's how you have to look at it. Years ago I used to get worked up about this stuff - and then realized that I'd kill myself worrying about stuff like that - and it's just not worth it. This is a hobby - not your meal ticket.........

I bought a Mattingly bat on ebay one time and paid for it via paypal - guy returned my money and I know for a fact he had a better offer after the auction closed. I paid like $1300 for the bat - but someone wanted it more than I did. He said he decided not to sell it?? What? I left him negative feedback and of course he retaliated - I didn't care and just moved on with my life - only thing I continue to do is that every time I list an auction, I explain my three negatives and I list his ebay handle and explain what happened and why he left me a negative. He was totally wrong - but unfortunately, there are a lot of people out there that live by the almighty dollar and nothing else. I choose to live my life and treat people in a different manner.

Move on I say! Life is too short to worry about suing someone over a $400 item - even though it might be worth more.....Jim

[grandpahoo]

Onward and upward I say! Just drop it and move on with your collecting - there will be other great opportunities out there for you - that's how you have to look at it. Years ago I used to get worked up about this stuff - and then realized that I'd kill myself worrying about stuff like that - and it's just not worth it. This is a hobby - not your meal ticket.........

I bought a Mattingly bat on ebay one time and paid for it via paypal - guy returned my money and I know for a fact he had a better offer after the auction closed. I paid like $1300 for the bat - but someone wanted it more than I did. He said he decided not to sell it?? What? I left him negative feedback and of course he retaliated - I didn't care and just moved on with my life - only thing I continue to do is that every time I list an auction, I explain my three negatives and I list his ebay handle and explain what happened and why he left me a negative. He was totally wrong - but unfortunately, there are a lot of people out there that live by the almighty dollar and nothing else. I choose to live my life and treat people in a different manner.

Move on I say! Life is too short to worry about suing someone over a $400 item - even though it might be worth more.....Jim

Thank god 95% of the population is incapable of rational, well-reasoned thinking such as this. Otherwise, I'd be out of a job.