Legal question

[yanks12025]

So I got a email yesterday offering some bats. One was listed at $50 so I sent a email right away saying I'll buy it. I called and confirmed I'll buy it for $50 and he said deal and said he'll send a invoice soon. He wrote back to my email confirming a deal. So I sent a email asking about invoice last night but recieved no reply.

Now I found out today he sold it to someone else for $250 even after we agreed on the deal and I confirmed price. My email saying I'll buy it and he writing back saying deal should be a binding contract. Should I fight this?? This stuff is not right. I wouldn't be surprised if another member is the one who bought the bat.

[Jags Fan Dan]

Most of us on here have probably had the rug pulled out from under us a few times. My advice would be to let it go. Legally, you may have some ground to stand on. But in my opinion, when you haven't had anything stolen from you, you are not out any money, I walk away. Not happily, but I walk away. From a legal stand point, how much time and money are you willing to throw into the pursuit of a $50-$250 bat?

[Skizzick]

You got nothing there. An email isn't a binding contract, and he could always come back and say somebody else sent those emails from his account. The guy is a jerk for doing it, but by no means is what he did legally reprehensible. Win some, lose some.

[yanks12025]

You got nothing there. An email isn't a binding contract, and he could always come back and say somebody else sent those emails from his account. The guy is a jerk for doing it, but by no means is what he did legally reprehensible. Win some, lose some.


I'm not sure if that information is totally correct. Reading over arictles online, it says emails can be considered contracts. Plus the guy and I dicussed on the phone and referred to the email.

[Skizzick]

I'm not sure if that information is totally correct. Reading over arictles online, it says emails can be considered contracts. Plus the guy and I dicussed on the phone and referred to the email.
It all depends on the language of the email. Unless both of your emails are formatted to represent mutual consent to the sale, I doubt a court would make a judgement either way. Besides, what could you actually sue for? You were going to pay him $50 for a bat that was worth more, and therefore he is obligated to give you back fair market value for a bat that he owns/owned?

[ndevlin]

The Bruce Wayne bat? I'd just let it go and move on....

[1929tudor]

You want to go through that for a 50.00 item? Your not out any money that he took from you just a deal that didn't happen. Let it go and find another bat. Could have been worse, you could have paid him and he didn't send the bat and then you found out he sold it to the other guy for 250.00 and now he has your money and his. I have lost a few deals where the guy backed out or sold to someone else like that and it isn't worth the headache especially for a low end bat. Just my opinion.

[metsbats]

Yanks

Pls email me.

Thanks

[danesei@yahoo.com]

FWIW, my understanding is that emails of a very specific format, may be admissible, however, it's highly unlikely that your emails fell into that category.

This is the most straight-forward article that I've seen on the topic:

http://www.pcworld.com/article/253523/how_to_make_sure_that_digital_signature_is_legit.h tml

[staindsox]

I emailed about the same bats right away and he told me he would invoice me as well. Would you expect anything less from Scot Monette?

And I guess he is going my Scot Monet now.

[flota89]

Same here. He said I'd get an invoice yesterday. Still waiting.

That makes at least THREE people who were told they were getting the SAME bat. How can this happen?

I know I emailed him within a minute of that email arriving. I felt that I should tell him that he had a Sosa bat so I was up front with him ... But it's not my fault that he didn't know that. A deal is a deal.

-Tyler

[hfd0035]

Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

Greg

[flota89]

Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

Greg

Scot asked me when I talked to him who I thought the bat belonged to. I'm sorry, but I'm not going to lie (even if it's in my best interest to). I was not told a price of $250, so that isn't me.

I also only was told I was getting one of the bats. Don't know about the other.

[seanbaseball]

Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

Greg

Tyler did the RIGHT thing! Is everyone really upset they didn't make $200 profit! They guy should have honored his first deal and that makes him less than honorable, but lets not blame someone that informed him!

[hfd0035]

Tyler did the RIGHT thing! Is everyone really upset they didn't make $200 profit! They guy should have honored his first deal and that makes him less than honorable, but lets not blame someone that informed him!

It was more of a joke Seanypoo. You dont have to yell at me with all these exclamation marks. You sound more upset than all of us and Im not a reseller. You know, for the sports guys we are, Im just not used to all this sensitivity.

Im not blaming anyone, just asking who got the bats and what price. I was offered the bat as well.

Tyler, sorry if I offended you with that comment.

[flota89]

No problem! I wanna know where this bat ends up haha. I was really hoping to get it ... But my messages aren't being responded to. Oh well.

If someone does get it but doesn't feel like posting on here, feel free to email me.

[bgold]

For the record, I emailed Scot about the two bats the second he put them out there and said I wanted them, he did not bother to reply. One bat was used by you know who and the other was used by a one time Mets all-star...I was more than willing to pay more than he was asking, turns out his record of honesty and integrity really shown out as documented on this thread...

[seanbaseball]

It was more of a joke Seanypoo. You dont have to yell at me with all these exclamation marks. You sound more upset than all of us and Im not a reseller. You know, for the sports guys we are, Im just not used to all this sensitivity.

Im not blaming anyone, just asking who got the bats and what price. I was offered the bat as well.

Tyler, sorry if I offended you with that comment.

Don't call me Seanypoo Cowboys lose!!!!!!!!!!!!!!!!!!!R. Talk about sensitivity as an ! upsets you. Im a collector that sells what I don't need to buy more.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Hope this doesn't hurt you! U lost out on $200 profit Ohhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Nnunnari]

If it makes you guys feel better, pretty much all of Scot's bats come from the sandlots of the Dominican and used by many players. It would have been nice to get the one with the taped handle for $50 but likely used by others as well as Sosa. Scot finally did his homework after the flood of interest for the Bruce Wayne bat, googled it and found the Legendary example that sold for $1,300 a few years back. Instead of honoring the original sales, greedy Scot opted for an extra $200 while burning multiple bridges of potential life long customers.
Scot is a first ballot member of the scumbag HOF in the game used hobby so this should surprise no one.

[yanks12025]

Nick
Just curious if you were able to buy it??


I figured it was used by someone else but thought it was cool.

[sportsnbikes]

I don't get it...

[Nnunnari]

No I didn't buy it. Scot does not sell to me because I called him out on here for being a total crook.

[ndevlin]

Never understood why ppl don't like them/have issues with them and their products or customer service, yet they still buy from them. Don't get that one....

[JDF5244]

Call Sweet James Bergender, the long beard of Justice….

[camarokids]

If you were selling your car or house or game used item and realized you screwed up on the price? Wouldn't you back out of a deal and relist it?

They make their living from selling game used. No excuse for the poor communication.

I think there should have been some communication to the person whom a deal was originally made. Something along the lines of, "I am sorry, we screwed up, we didn't realize what we had. We have under priced the item and have changed the price. Would you like the item for this price?"

[Juan Gris]

FWIW, the Bruce Wayne bat also jumped out at me the moment I saw it in the Celebz Direct Inc. email. Nnunnari posted pictures and background info for his Bruce Wayne bat a week before the email was sent and I'd bet the Celebz Direct people received a ton of interest from GUU readers wanting to make a quick buck. Even I thought about trying to purchase it for the advertised $50 but didn't bother contacting them because of a hunch something like this would happen. It seems the Celebz Direct people could learn a lot about the bats they sell and how to improve their business practices by reading up on GUU.


If you were selling your car or house or game used item and realized you screwed up on the price? Wouldn't you back out of a deal and relist it?

They make their living from selling game used. No excuse for the poor communication.

I think there should have been some communication to the person whom a deal was originally made. Something along the lines of, "I am sorry, we screwed up, we didn't realize what we had. We have under priced the item and have changed the price. Would you like the item for this price?"

Agreed.

[Phil316]

Scot is a first ballot member of the scumbag HOF in the game used hobby so this should surprise no one.

This statement rings true. If you deal with this guy you better be prepared to get fleeced.

[Phil316]

Here are some good reads on this monet or monette guy. He changed his name because of his legal troubles obviously.

http://m.nydailynews.com/blogs/iteam/sports-memorabilia-dealer-scot-monette-blast-blog-entry-1.1632318#bmb=1

[Nnunnari]

I paid $700 for my Bruce Wayne bat and one sold in Legendary a few years back for $1,300. In typical Scot fashion, he cost himself money by being too lazy to do any research on the items he is selling. He is so tight on cash that he has to flip items asap to cover his investment. If he had the ability to sit on inventory like Zane, he would be in much better shape. He consigns his nicer items to Paragon Auctions.
I bought a Gwynn bat from Scot once and he told me on the phone "I'm holding the bat now, its one of the nicest bats I have seen". The bat arrived missing half of the handle.

[diamond]

Its the free market, you can do what ever you want.....................

[RaiderNationPDX]

Its the free market, you can do what ever you want.....................

Within certain bounds of laws and morals, sure, a seller can do whatever they want. The part I usually see left out of the 'free market' discussion however is the part where a seller accepts the consequence of their actions, be it bad reviews/feedback or, in certain rare cases, a lawsuit.

Sellers can indeed do what they please, but so too can buyers.

[ndevlin]

Saw you have the bat on EBay now. Did you work something out with them after this thread? I thought they had sold it already?

[gorilla777]

Saw you have the bat on EBay now. Did you work something out with them after this thread? I thought they had sold it already?

The bat that this is all about is on eBay?

[ndevlin]

The bat that this is all about is on eBay?


I mean, I think so...

http://www.ebay.com/itm/Rare-Sammy-Sosa-Bruce-Wayne-Bat-1997-Cubs-/261805651020?pt=LH_DefaultDomain_0&hash=item3cf4d5344c

[gorilla777]

I mean, I think so...

http://www.ebay.com/itm/Rare-Sammy-Sosa-Bruce-Wayne-Bat-1997-Cubs-/261805651020?pt=LH_DefaultDomain_0&hash=item3cf4d5344c

Okay, thank you

[staindsox]

Seems like an awful lot of whining for a bat he didn't even want :rolleyes:

[yanks12025]

Sorry for not updating. Yeah acouple days after this thread they called me and said obviously the $50 was a mistake. So if I wanted it at the newer price then I can have. If not the next person will have a chance at it.

[yanks12025]

Seems like an awful lot of whining for a bat he didn't even want :rolleyes:

Oh I'm sorry that something has come up and that I need to sell acouple extra items.

[earlywynnfan]

Was Sosa taping the knobs by 1997?

[ndevlin]

This was resolved in a few days? This thread went on for what, a week or two? Dont you think you should've updated the thread to let everyone know what happened so people wouldn't continue going with the thread, and letting everyone know the person in question really didn't screw you after all?

[suicide_squeeze]

I mean, I think so...

http://www.ebay.com/itm/Rare-Sammy-Sosa-Bruce-Wayne-Bat-1997-Cubs-/261805651020?pt=LH_DefaultDomain_0&hash=item3cf4d5344c

Guys,

First off, the bat is corked. Second, it is likely that if this bat was EVER even used by Sammy, it was ONLY used in BP.

I am a 500 H.R. collector and have been a life-long "Batman" fan since I was a small lad. So I'm a likely candidate to buy something like this. A conversation piece from a 600 H.R. member, also tied to Batman. Pretty cool, right?

For the record, I have no desire to own this bat whatsoever. As a true collector who wants pieces of significance, this one just doesn't make a blip on my radar.

yanks12025, I understand your gripe which started this thread. Let it go my man. Dan the Jags Fan's early post was the best advice. It's simply not worth it. There is many a read on the character of Scot. If you play with a rattle snake, you had better be close to a hospital with anti-venom. The bat was altered to wow fans at about the time Sammy started juicing heavily. Is THAT really something you want in your collection? I would understand it if the bat were PHOTO-MATCHED to being used in a game, but I seriously doubt anyone will ever discover that.

Save your $$$ for a nice piece....of something other than trash.

Steve

[flota89]

Interesting posts here today. Just saw the comment that the bat on eBay may be corked.

Scot finally honored his word and sold me the other Sosa bat like he originally said he would (there were two bats in the original email ... One with Sosa's handle tape and the other which was on eBay). It took a while to get my invoice but it finally did happen.

I got the bat out today and noticed that the end on my bat also looks corked. I know the general story around Sammy and the corked MAX Bat, but how many other Sammy gamers are corked that anyone knows of?

[jbean023]

The ebay bat looks to have a 1 on the handle with no signs of a 2 so I would guess that bat was used by Doug Glanville or Lance Johnson.