What would you do?

[xpress34]

Hello all...

I am quite perplexed and quite frankly, pissed off.

I was out with my family this evening and was watching an auction on eBay and bid and won (on my iPhone) a GU and AU 2008 ASG BP jersey of Lance Berkman. And it was cheap (under $100) w/ MLB holo which I had already verified.

That was just about 7pm when the auction ended. I get home and come to check eMail to rcv a message from the seller not to pay. It's no longer available - hell, just read the eMail below:

Hi, please do not pay for this item. It is no longer available, my son sold it before even telling me. It was sold on Monday without my knowledge. I was checking our inventory to get it ready to ship once you pid. I am so sorry, I feel very bad. If you read my feedback, I have never had any problems. Once again I am so sorry, I can make it up for you. I am always gettting autograph jerseys and other memorabilia.

This was rcvd just about 8pm - just an hour after the auction ended.

I wrote back, told here I was not happy and that she had entered into a LEGAL binding agreement by offering the item just as I had by bidding on it.

I then proceeded to let her know that I will be checking my options with eBay - as well as my attorney - and consider pursuin Legal Action. I have the MLB Holo # and will be watching for it to come up at auction again.

I then asked exactly how she plans to 'make it up' to me' and told her my suggestion was that she make her son obtain the jersey from the buyer and she complete our transaction as it sits. I also told her that I have the MLB Authentication # as well.

And I told her the ball is now in her court.

What would you do?

- Chris

[Rob L]

I would probably just say "Damn" and let it go. Be glad you didn't pay and get stiffed for the money and the jersey. It sounds like they weren't happy with the price but there is much that you can do. If you had paid, then it would be a different story.

[kylehess10]

A Lance Berkman 2008 All Star Game BP-worn jersey? Under $100?

Yea, the guy just sounds like he didn't like the price. Who wouldn't! If I were you I'd continue into the direction you're heading in until he changes his mind.

"My son sold it" just sounds like too dumb of an excuse.

[spartakid]

Yea, bad excuse. She just didn't want to let it go for that price, definitely a "steal" on your part.

[slam]

I believe this was NOT game used. They were trying to mislead any buyers. Correct me if I'm wrong but if you do a search there is a game used set and then there was a set that was just signed and auctioned off by Hunts. So may be they did you a favor.

[xpress34]

I believe this was NOT game used. They were trying to mislead any buyers. Correct me if I'm wrong but if you do a search there is a game used set and then there was a set that was just signed and auctioned off by Hunts. So may be they did you a favor.

Slam -

MLB Holo - LH 154066

Per MLB Authentication Page:

Session Name: 2008 HOME RUN DERBY
Session Date: July 14, 2008
Autographer: LANCE BERKMAN
Authenticator: AUTHENTICATORS, INC.
Additional Information: 2008 ALL STAR BATTING PRACTICE JERSEY

Unless he happened to sign a bunch of PRO SIZED (SZ 50, NOT L, XL, XXL) the same day as the workouts and HR Derby, this is his jersey.

I know they make two sets - and for the last few years, Topps gets one set and cuts them up for Topps Update for that year for the ASG Stitches and ASG Patches Cards.

I own Matt Holliday's 2006 GU BP ASG Jersey and Matt verified he didn't keep one and inscribed it GAME USED for me after checking it out and seeing the holgram and info.

I'm pretty certain Lance would do the same for this one, so I am beyond ticked off with the seller. With their feedback and the items they sell (I checked them out), they know what they're doing and what they have, so this is their mistake and I intend to make them pay.

- Chris

[slam]

I believe there were 3 sets and Hunts sold a set last year. I do have an All Star 2009 jersey and it does say in the description Game Used maybe it was different in 2008. I know this was been talked about here before. Can anyone else chime in?

[xpress34]

A Lance Berkman 2008 All Star Game BP-worn jersey? Under $100?

Yea, the guy just sounds like he didn't like the price. Who wouldn't! If I were you I'd continue into the direction you're heading in until he changes his mind.

"My son sold it" just sounds like too dumb of an excuse.

Kyle -

I plan to. My wife works for a law firm (she's been there 10 years) and one of the Atty's who were good friends with is a Comic Book Collector and he's actually pursued people over this same type BS before on Comic Book sales on eBay and elsewhere...

I'll be chatting with him tomorrow if I don't hear back from the seller.

I know eBay won't do squat, but I think (at least I hope) I have enough to squeeze the seller to do the right thing - hell, I've taken big losses before - that's why when and if I do list on eBay anymore, they are ALL fixed price with a Best Offer option and an Automatic threshold in the Best offer. As far as this item, I have the eBay listing, the MLB holo, proof that the auction went to COMPLETION, and THEN the item became unavailable.

I'll keep everybody updated here on how it goes.

- Chris

[slam]

Although, still a good price for a signed jersey and hat.

[xpress34]

I would probably just say "Damn" and let it go. Be glad you didn't pay and get stiffed for the money and the jersey. It sounds like they weren't happy with the price but there is much that you can do. If you had paid, then it would be a different story.

Rob -

I know... I figure I'll try to stiff arm first though and see if I make any headway... either way, they'll be getting negative feedback from me as well as me being all over eBay (my feedback #s may not show it, but I have been with eBay since the beginning) as I have a few different direct #s for them.

If nothing else, so much for this seller's 'great feedback'...

- Chris