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Oct 01, 2012, 06:28 PM
Trader Rating: 0
Buttchin
franke21m's Avatar
Quote:
Originally Posted by ww2collector
Guys, read the posts. We don't know how the seller diposed of the item other than that he didn't like the check the buyer sent ( thought it looked fake) and didn't inform him that he was returning it until the buyer wanted to know where the item was...two weeks later.


Seller held the check #1 til the new buyers check was received and cleared the bank. He obviously held buyer #1 check to fall back on if buyer #2 fell through.

I bought a Dle55 from this seller also and it had a bad ignition out the box. There was a new ignition on my door step 3 days later no questions asked. This was 3 years ago and after this thread i WILL NEVER DO BUSINESS WITH HIM AGAIN...
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Oct 01, 2012, 06:30 PM
Trader Rating: 121
Registered User
crash8384's Avatar
Quote:
Originally Posted by PropsnWings
Many do, and they do well at it. They accept Paypal, and keeps things protected on both sides this way.

There are two ways to handle this now.

1. explain fully what happened and how, IE did you resell the item before or after you got the buyers bank check? Then walk away.......

2. walk away, stop responding, as its only making this worse.

I have to say, with all the responses you have given, I will not be visiting your website, much less purchase anything from you. Reading on your website, you say you have a positive feebback of 803 and counting, after saying you have been selling on Flying Giants and Rc Universe for years. but I cant find that.

Thats my 2 cents, and I am sure others agree, you are not painting a very pretty picture here of how most businesses would handle a situation like this. It is almost similar to a bunch of kids arguing at this point.
Not siding with anyone here but i have bought a few things from mike over a year back from his store. So yes he has been selling for awhile.
Oct 01, 2012, 06:36 PM
Trader Rating: 90
AMA 72859 "ARF Rhymes w/BARF!"
I'm not saying he isn't a poor business man. The buyer's funds were held because he had Capital One cut the check from his account and Capital One debited it immediately. The seller never deposited this check so he never had the funds. They were in the hands of Capital One...basically in limbo until the buyer stopped payment, and then as he stated he finally received the uncashed check back. No arguement that I will never deal with this seller either. He exhibited a complete lack of professionalism in handling the situation.
Last edited by ww2collector; Oct 01, 2012 at 06:37 PM. Reason: spelling
Oct 01, 2012, 06:54 PM
Trader Rating: 83
Registered User
I think it's time to close this thread and remove the title.

Also (buyer) you might want to revise your Trader Rating - doesn't reflect the reality. I feel your anger - we have been all in this situation but there was no scam or harm done to you - other than the bank had your $1000 for a couple days.

The opinions might be divided from a business moral perspective but that doesn't justify a name-calling here. It's all speculations what really happened and why it happened that way. The seller can run his business as he wants and can even walk away from deals. It's not a good practice but it's NOT A SCAM!
Oct 01, 2012, 07:01 PM
Trader Rating: 90
AMA 72859 "ARF Rhymes w/BARF!"
In all fairness, the OP did modify his original statement. Let's close it up!
Oct 01, 2012, 09:21 PM
Trader Rating: 69
Oldbie
bhbs's Avatar
I've not read the whole thread (ya I'm lazy) but and I'm sorry if this was stated previously, if you write all the correct info on a peice of toilet paper it's a legit check as long as you have fund's to back it up. Just a bit of trivia to lighten the mood (ya I'm also bored)
Cheer's
Oct 02, 2012, 12:01 AM
Trader Rating: 45
Earthbound Skyhound
StarHopper44's Avatar
Quote:
Originally Posted by johnbyrne
Please stop beating a dead horse (meaning posting off topic posts or posts to get a response). We are trying to determine if there is a real issue with a fellow RCG member here. If you can't be part of the on topic discussion then please post in another forum.

Thanks you
No, that's not what it means at all. If you can't figure it out that's your problem, not mine.
And don't tell me where to post.
Oct 02, 2012, 12:07 AM
Trader Rating: 90
Often wrong ("wife")
johnbyrne's Avatar
Quote:
Originally Posted by StarHopper44
No, that's not what it means at all. If you can't figure it out that's your problem, not mine.
And don't tell me where to post.
lol, sorry I'm far too old to be suckered into an argument with you cause my friend I do get it

Cheers and have fun now that this one is done and closed. Over and out ....


PS, no need to try to attempt a comment back .. I've already unsubscribed ... sorry
Last edited by johnbyrne; Oct 02, 2012 at 12:12 AM.
Oct 02, 2012, 11:00 AM
Trader Rating: 2
Registered User
Anybody want to hear the facts from a REAL lawyer? The seller claims he can run his business however he wants, but that is factually untrue. His actions must conform to the UCC and common law regarding contracts. In this case, they clearly do not. The buyer made an offer to buy the motor and the seller clearly accepted it. At the moment the buyer received the acceptance, a legally binding contract was formed. The buyer was legally obligated to send the money, and the seller was legally obligated to send the motor. There were no provisions stated in the contract allowing for the unilateral rescission of the contract by the seller. Therefore the seller had absolutely no legal right to rescind the contract, and he breached the contract when he did. It doesn't matter whether the money was sent or not or the check was cashed or not....the contract was legal, binding, and in existence at the time the seller agreed to the offer, and the seller was legally bound to sell that motor to that buyer at that price. Neither the buyer or the seller had any legal right to change their mind after the contract was formed.
The seller breached the contract. He owes the buyer the fair value of reasonable replacement goods. In other words, if the buyer cannot find a replacement at the agreed-upon price, the seller is liable for any additional price the buyer must pay to obtain an equivalent motor. That's the law, and if the buyer chooses to sue the seller, he would prevail in this case.
There is no defense for the seller's actions. He illegally rescinded the contract and violated the legal rights of the buyer. The excuse (the check looked fishy) is completely irrelevant for two reasons: The check was NOT fishy, and, more importantly, even if it had been, under contract law, the buyer had the right to make good on his obligations to pay (send good payment by other means) within a reasonable time. In other words, if the check had bounced, the seller STILL has no right to rescind the contract IF the buyer makes payment by some other method within reasonable time. The only way that the seller can rescind the contract without breaching it is if the buyer has breached first....and the buyer has a reasonable time (usually 30 days) to satisfy his obligation to pay before he would be considered to be in breach of the contract.
That's the law which, in this case, the seller MUST conform to as he conducts his business. He MAY NOT conduct his business "any way he pleases", no matter how much he thinks he should be able to.
In common language: A deal's a deal. If you can't conform your business practices to that simple premise, you lack integrity and deserve to get sued, insulted, and boycotted so that honest and fair businessmen get your business instead.
Oct 02, 2012, 11:07 AM
Trader Rating: 128
Suspended Account
I doubt that people are waiting for a real atty to get involved, but let us know when one does.

Anyone proclaiming to be an atty, that tells a business that they can't run it the way they want to, needs to have their juris number revoked.
Oct 02, 2012, 11:12 AM
Trader Rating: 83
Registered User
Oh yeah big time .. and a Lawyer who is promoting "insulting" the defendant should be arrested for the same offense.
Oct 02, 2012, 11:16 AM
Trader Rating: 128
Suspended Account
"I'm outta order, that comment is outta order, this whole situation is outta order your honor"
Old Oct 02, 2012, 12:29 PM
theghosttanker
A moderator felt this post violated the following rule: Personal Attack. It is temporarily hidden while theghosttanker edits it.
Oct 02, 2012, 12:35 PM
Trader Rating: 128
Suspended Account
What is your juris number?

In the alternative, please provide the location of the Holiday Inn Express that you stayed at last night.
Oct 02, 2012, 12:43 PM
Trader Rating: 128
Suspended Account

res ipsa uh oh


https://www.rcgroups.com/forums/show...4&postcount=15

Did you sue after the seller in this transaction was "tricked" into sending the item to the person who offered and paid for the item?


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