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.

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.

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.

[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.