Miguel Cabrera 2011 GU Phoenix Bat!!!

[bravesfanjd]

found this on HOFBATS.com

Name : Clayton URL : Item(s) Purchased : 2011 Miguel Cabrera Game Used Bat Comments : The bat was greater in person then described! I am extremely happy with this purchase! Thanks again Tim for the great item, and happy customer!

http://us.3.p10.webhosting.yahoo.com...ber=t_byington

It was under view customer feedback. So I am assuming this is the bat in question.

[bravesfanjd]

Sorry for the quick back to back post but I also found this page listing the bat for sale on HOFbats.com

http://www.hofbats.com/sale/Cabrera11Phx.html


The bat is listed for $325 so selling it for $500 (if it is the correct bat) is going to ensure profit and at that price he wouldn't of had to sit on the bat for awhile versus listing if for $1000 and having to wait for a specific type of buyer for $500 any collector would buy it.

**** If either of my post violate rules I apologize but Im just trying to help get information I find out about this situation because of the nature of it. Feel free to delete these post if they are in violation of any rules******

[xpress34]

I did, however, want to respond to Smitty's inquiry: Payment was actually sent on Saturday 7/13 after a deal had been made through email/text. I was told if payment were sent on that Saturday, the bat would be mailed Monday. I simply asked after payment was sent, that the seller confirm payment was received (we all like that peace of mind when it comes to sending $ electronically).
I did not receive a response all of Saturday or all of Sunday. On Monday, he finally responded to tell me he would look to make sure he received payment (which by then I confirmed through paypal that he had) and again, asked for my mailing address that I already provided when payment was sent. I did not hear back. The next day, I posted on the forum that payment was sent, hoping to receive a reply since I failed to hear back via text/email. So, while I expected that the bat was in midshipment by that time, the seller then promptly posted about canceling the sale.
Just wanted to clear that up.....

Anthony -

Thanks for taking the time to clear that up.

Interesting that he didn't/wouldn't/couldn't respond when Payment was actually sent/received, but when you posted here that payment had been sent, it only took him 10 minutes to respond and cancel the deal... kind of fits the same M.O. as previous complaints where he doesn't respond to messages, but quickly responds when it's here in public view on the board.

This and some of the other links aren't the first or only bad stories I've heard about deals with Mr Lemmons. My suggestion would be to lawyer up (if you can) and sue him for breach of contract.

Per Gaddy Wells - Texas Contract Law:

In Texas, the elements that are generally required to create an enforceable contract:

(1) An offer;
(2) Acceptance in strict compliance with terms of the offer;
(3) A meeting of the minds with respect to both the subject matter of the agreement and all of its essential terms;
(4) A communication that each party has consented to the terms of the agreement;
(5) For a written contract, execution and delivery of the contract with an intent that it become mutual and binding on both parties; and
(6) Consideration.

This case has all of the elements needed and may also allow you remedy under TORT law to recover other damages due to the breach.

It may not be what you want to do, but you are in a position to end (or at least put a sizable dent) in his continuing to do things like this to other collectors.

As a few other posts after mine said (and I stopped short of going here in my first post), he may have gotten a higher offer or just basically taken an interest free loan from you with no true intent to sell.

The 'photo match' story holds no water with me based on the information he provided about it.

All the best -

Smitty

[sportsnbikes]

Sorry for the quick back to back post but I also found this page listing the bat for sale on HOFbats.com

http://www.hofbats.com/sale/Cabrera11Phx.html


The bat is listed for $325 so selling it for $500 (if it is the correct bat) is going to ensure profit and at that price he wouldn't of had to sit on the bat for awhile versus listing if for $1000 and having to wait for a specific type of buyer for $500 any collector would buy it.

**** If either of my post violate rules I apologize but Im just trying to help get information I find out about this situation because of the nature of it. Feel free to delete these post if they are in violation of any rules******

Very interesting. I had inquired about this bat and asked for a pic. This is what he sent me. It's the same picture from the link. Very glad I didn't commit. I for one, will never do a deal with this guy.

[frikativ54]

I'm selling off a few highend items to help pay for a move. Therefore, this bat shows "good" use, great tar, few ball marks, piece of batting glove is still attached into the tar, couple of cleat marks. LOA from HOF Bats. Looking for $500 shipped!

As per the OP, this bat displays good use. Later in the same thread, Clayton admits that there is "no[t] very much use" on the bat. (http://www.gameuseduniverse.com/vb_f...5&postcount=27).

On the HOF Bats site, this bat is described as "[S]howing evidence of light use consisting only of a couple ball marks with light stitch marks and a single cleat mark. The handle has a light coat of mota stick and is uncracked..."

And it continues: "Considering the lack of photographic evidence of Cabrera using this bat as well as the early March production date (3-9-11) This bat was likely only briefly tried out by Cabrera and then retired" (http://www.hofbats.com/sale/Cabrera11Phx.html).

So does this bat show light use or good use? Was it used in BP or in a game? How many marks/scuffs are present? Is there a photomatch?

There are plenty of questions that still remain unanswered. While I won't speculate on that for which I don't have proof, in this case, something definitely seems amiss.

[ChrisCavalier]

As per the OP, this bat displays good use. Later in the same thread, Clayton admits that there is "no[t] very much use" on the bat. (http://www.gameuseduniverse.com/vb_f...5&postcount=27).

On the HOF Bats site, this bat is described as "[S]howing evidence of light use consisting only of a couple ball marks with light stitch marks and a single cleat mark. The handle has a light coat of mota stick and is uncracked..."

And it continues: "Considering the lack of photographic evidence of Cabrera using this bat as well as the early March production date (3-9-11) This bat was likely only briefly tried out by Cabrera and then retired" (http://www.hofbats.com/sale/Cabrera11Phx.html).

So does this bat show light use or good use? Was it used in BP or in a game? How many marks/scuffs are present? Is there a photomatch?

There are plenty of questions that still remain unanswered. While I won't speculate on that for which I don't have proof, in this case, something definitely seems amiss.

Hello Leslie,

As per my post, I am hoping your questions will be addressed when Clayton does the following two things that I requested:

1) Post an image of the HOF Bats LOA; and

2) Post a close ups of: a) the "few ball marks", b) the "piece of batting glove is still attached into the tar", and c) the "couple of cleat marks."

Since he still has the bat, I asked him to please make sure these images are three separate close-up images of each one of these attributes.

After Clayton makes the post, which I will assume will be Monday since he returns from his international travels this weekend, I am hoping everyone's questions will be answered.

Sincerely,
Chris

[shaunharr]

This is not the only forum this member has had problems on

[sportsnbikes]

This is not the only forum this member has had problems on

And not the only time he's done this. Several other threads of bas experiences with this guy.

[commando]

Hello out there in game used land!!!

[gorilla777]

Any updates on this deal?

Thanks,

Ben