eBay case - What would you do?

[thestigmachine]

I'm kind of in a pickle, and would really like for some outside opinions. So the case is like this, and I'll try to keep it as short as possible:

- I found a copy of HWM - Finding The Rhythms 12" on black vinyl on eBay. Description says 1st pressing.

- It became clear to me AFTER the auction ended that the seller really doesn't know whether it's from the 1st or 2nd pressing (from the one message he DID reply to). And being a HWM collector, I'm only interested in it if in fact it is from the 1st pressing, as I already have the 2nd pressing.

- Since the auction ended on July 25th, I've asked him THREE times to check the insert for the pressing info. But he does not respond to messages.

- eBay has opened an "unpaid item case" against me, telling me I have until tomorrow (Aug. 16th) to pay.

So what should I do? Should I just pay him and cross my fingers that it is the 1st pressing he's sending me? It's pretty clear that he does not intend to communicate with me at all, and I kinda have a suspicion that he's just waiting until the deadline runs out, forcing me to pay. It's just that according to eBay policy, if I open a case against him after I receive the item, I am the one who would have to pay for return shipping, even if I get refunded the original cost + shipping. And from Norway to the USA, shipping would be around $22. So I would lose $22 on this whole deal. Or alternatively I'm stuck with a record I don't want/need.

Or should I NOT pay, and take on the eBay folks and hope that they understand my situation and take my side on this issue? And then, maybe they will put some pressure on him and have him check the pressing info, and/or just cancel the entire auction.

OR am I just being a total lame-ass, and should have gotten reassurement from the seller before the auction ended that it is in fact from the 1st pressing? And it would be my own damn fault if I end up with a copy I don't need? (Some/most people might argue that "A black copy of FTR is a black copy of FTR!")

[motorbike]

you should have gotten a confirmation from the seller before bidding. nothing chaps my hide more on ebay than people bidding on stuff im selling only to back out when hey win. seeing how he isnt responding, i would bet its not the first press.

[chiefwahoo]

You clearly should have known better if you're a HWM collector and the difference between the pressings are that minute. Especially when shipping is $22. Ask before you bid.

But at the same time, a reputable seller should always respond. If I was selling it and found out after the fact that it was misrepresented, I personally wouldn't expect someone to pay for it. I'd be a little annoyed about the late questions, but nothing major.

I wouldn't do what you did but I definitely wouldn't do what he did. Considering you made a stupid mistake and he is just being a dick, I wouldn't fault you for not paying and just taking your unpaid strike.

[djones0930]

Post the link to the ebay auction.

Also,

it usually says somewhere that the seller takes full responsibility for any incorrect descriptions regarding the item being sold.

I'd take on eBay -- those fuckers will understand.

[shenanigans]

if the other person is not responding to your emails you shouldn't be held at fault.

I'm currently in the process of asking ebay about bid retractions. i have a bidder on an item who bid $28.99 on the 11th, retracted it on the 14th for "Entered Wrong Amount', then bid $17.50 (the minimum) a minute later, and retracted it again for "Entered Wrong Amount". I'm pretty sure that's not a case of entering the wrong amount - assuming it doesnt sell (it ends tonight), i'm going to see if ebay will unretract the bid. Anyone have experience w/ this?

[fourfourtwo]

Pay for the item, and when it comes, if its not the correct item you bid on (ie. it says first press but its not), open a paypal case about how the item you received is not the item described in the auction.

[¯\_(ツ)_/¯]

you should have gotten a confirmation from the seller before bidding. nothing chaps my hide more on ebay than people bidding on stuff im selling only to back out when hey win. seeing how he isnt responding, i would bet its not the first press.

[shenanigans]

Pay for the item, and when it comes, if its not the correct item you bid on (ie. it says first press but its not), open a paypal case about how the item you received is not the item described in the auction.

the problem there is paypal w/ give him a refund, but he'll have to send the record back which will cost him $22 because he's international

[thestigmachine]

Thanks for all the input guys. I think I've figured out what to do. I'll go ahead and pay him, leaving a note with the payment urging him not to send me the LP before he has checked the pressing info. And that if it is not the 1st pressing, I'll ask for a refund, but offer to send him a few bucks to re-list it on eBay. Hopefully he will think that's fair.

After making this thread I searched around on eBay a bit more and found a place where it stated that it is the buyer's responsibility to pay for return shipping, but that in some special cases the eBay buyer protection program would also refund return shipping. So if it should come to the point where I had to open a case against him (let's not hope it gets to that though!), I think I would have a fairly strong case, as it is the seller's responsibility that the description is correct. He DID write that it IS from the 1st pressing. Had he written something like "I believe it is from the 1st pressing", I realize I would have had no case at all.

[shenanigans]

And that if it is not the 1st pressing, I'll ask for a refund, but offer to send him a few bucks to re-list it on eBay. Hopefully he will think that's fair.

shouldn't be necessary. if you weren't the only bidder he can send 2nd chance offers to others who bid and ebay is doing free listings right now so relisting would be free anyway