It seemed too good to be true...

86kubicki · Post by **86kubicki** » Wed Apr 26, 2006 4:44 am

http://cgi.ebay.ca/Rickenbacker-4001C64-Fireburst_W0QQitemZ7398487642QQcategoryZ4713QQrdZ1QQcmdZViewItem
The seller said I could pick it up if I won. After a month of excuses, I sent an ultimatum to the seller (who is no longer a registered Ebay user). They send me back an e-mail saying that "the bass has been damaged beyond repair and is no longer worthy of sale". Right...... Anyways, I've reported the situation to Ebay and I'm just glad that I'm not out any cash.

bassduke49 · Post by **bassduke49** » Wed Apr 26, 2006 5:14 am

The single picture is lifted from the RIC Web site, too. Sorry for your loss. Did you lose money?

86kubicki · Post by **86kubicki** » Wed Apr 26, 2006 6:05 am

I had made an arrangement with the seller that I would pay when I picked up the bass, so thankfully I'm not out any cash. Considering the sketchyness of the auction, the only reason I bid was that it was close enough to check out in person before any funds changed hands.

doctorwho · Post by **doctorwho** » Wed Apr 26, 2006 6:54 am

Steve, I don't know Canadian law, but here in the U.S. the seller would be in breach of contract (an eBay auction is considered a contract). If you had lost money, you might have been able to pursue the matter in court (in the U.S. it would have been in Small Claims Court, depending on the state of residence).

bassduke49 · Post by **bassduke49** » Wed Apr 26, 2006 7:43 am

I'm not sure, as I'm not a lawyer, but I think you would have to prove loss or damage, and in reality, all you've lost is an opportunity. Might be pretty hard to get a judge to rule on this, let alone go through all the hassle.

doctorwho · Post by **doctorwho** » Wed Apr 26, 2006 8:27 am

I'm not a lawyer either, but I think "breach of contract" is fairly easy to prove with the correct documentation. I'm not sure what one gets as a result - if they don't have the item, they certainly can't be forced to sell it to one.

Anyway, it's a moot point, as (luckily) Steve did not lose any money on the deal.

86kubicki · Post by **86kubicki** » Wed Apr 26, 2006 8:55 am

The fact that I'm not out anything other than the "opportunity", as Paul says, makes me reluctant to take the matter to the next level. It's really just a cautionary tale.

fran4001 · Post by **fran4001** » Wed Apr 26, 2006 10:18 am

Thanks for the update too! That is a ****** situation, but again, thank goodness no cash changed hands. Had you lived farther away, or if anybody at all had actually paid for that bass, imagine the awful story we'd all be discussing now, and for months to come. Whew!!! is all I can say!