Need Help Need some help resolving an issue

[SwaggaLikeMe]

okay, I have a thread listed of thirteen bats that I have for sale/trade. I sold a NR Freak+ to someone who believed that the bat was going to be returnable. I admit that my listing could have been somewhat confusing, but in my defense, it does say that the bat is non-returnable. I will give you the information on the listing I had and would appreciate your most honest opinion on whether or not I refund the buyer what he is asking for.

Another question, based on the information I'm about to give you, please indicate whether or not it would be fair for me to refund what he is asking for, which is $15. Please let me know if this is fair or if we should communicate something that is fair to both of us. We haven't discussed the 15, he just said that is what he would like to receive due to my insufficient information. Well, here it is:



27oz Miken Freak+, in very good condition other then the ground poundage, It is a good bat in good shape, no issues.
I'm not sure on the hits as I got it from a board bro. Probably 500 swings would be my guess. I have another NR Freak+ that
I got as a return so I have no use for this one --- no reason to have two. $120


He purchased the bat for 120, when he got it, he immediately sent me a message and said that he did not know that the bat was nonreturnable. I thought it would be fair to let the fellow sbf'ers vote on what the outcome should be. I'm a little bit torn, I admit that the information could be taken as misleading but I assure you that it was not done on purpose, and I was as honest as one could be, maybe I made a mistake in the listing and should refund 15, or maybe the information is clear enough that he should have understood that the bat was NR, maybe he should have asked? Maybe I should have told him upfront? What ever the case is, I assure you that I was trying to be as honest and upfront as possible, maybe I made a mistake in the listing. Please help us out and decide what the outcome should be.


Thanks in advance.



Keep in mind this is not a fight, we are just looking for a third party to help us decide. I am not upset with his request and I do not believe that he is upset with me. Please help resolve this issue.

 

[HABADAWOOSAA]

jmo looks clear to me that is was a nr. also when i buy a bat i would ask if it was returnable in the pm. i also think 120 is fair for this bat. i think your gtg as is.

 

[burned_ya]

to me its sounds like you are selling returnable one.

 

[SwaggaLikeMe]

to me its sounds like you are selling returnable one.

This doesn't help too much, I need a little more information from you. what do you think the outcome should be?

 

[utcw201]

This could go either way...I can easily see how the guy could be confused.

 

[SwaggaLikeMe]

This could go either way...I can easily see how the guy could be confused.

I agree, I can see how he could be confused. The information is listed, if he was confused, should he have to ask... or should I have made the information more clear??

 

[Superstar #4]

This could go either way...I can easily see how the guy could be confused.

x2


Just try and fix it where you are both happy

 

[burned_ya]

Just try and fix it where you are both happy

personally he probably still got a good deal. he sends it back you are both out shipping. He keeps it and moves on he is a little upset for a short time. Meet him in the middle of what he wants. Give him 7.50 because that is about what it will cost to ship back.

 

[SwaggaLikeMe]

x2


Just try and fix it where you are both happy

I dont have any problem giving him $15, but is that fair? I want to be fair to the buyer but I also want to be fair to myself. I'm not sure what the right thing to do is, here. I believe that he was confused by the listing and I believe that the listing can be hard to understand, however the information is there and if he was unsure of anything, he should have asked.

I guess what I should ask is, based on my description, is there zero evidence, NONE AT ALL, that would even lead you to believe, or have the slightest doubt that this bat is returnable? I mean, if there is any doubt, or any confusion at all, I believe he should have asked. --- Help me out here, what am I not seeing???

 

[Cain]

I agree, I can see how he could be confused. The information is listed, if he was confused, should he have to ask... or should I have made the information more clear??

27oz Miken Freak+, in very good condition other then the ground poundage, It is a good bat in good shape, no issues.
I'm not sure on the hits as I got it from a board bro. Probably 500 swings would be my guess. I have another NR Freak+ that
I got as a return so I have no use for this one --- no reason to have two. $120

it doesn't specifically say both freak +s are NR. If you think $15 is too much, you can undo the deal. But then who'd cover the $15 to ship back?

 

[AJ22]

This could go either way...I can easily see how the guy could be confused.

I agree with this ...



According to the price guide, I believe you were already high on your price to begin with ...

http://forums.softballfans.com/showthread.php?t=753025


A bat is only worth what someone is willing to pay. I believe you dealt with a GTG board member. If you can not come up with a resolution to where you both are happy, then I believe he ships the bat back to you at your expense (not his). Techincally, your description IMHO was not being straight. To me (only being honest), based on the description you left and price (makes a difference I also would have assumed the bat was returnable.

However, I can see your side also .... but if it was my deal, $15 is not going to make a difference and your buyer is getting a great deal on a bat !! I would refund the money because $15 isn't worth worrying about.

Best of luck ..

 

[Hebrew Hacker]

If you can see how it might not be clear, you've got your answer. From my understanding, if a contract is in dispute and there is something in it that is unclear, the ruling will go against the party who wrote the contract. While this is not a contract, you were still the one who wrote the listing. $15 is fair to give him (on the low end IMO, but you guys agreed to it and that's cool, but if he didn't want to take the $15, you should pay to have the bat shipped back to you).

When listing a bat, it should be explicitly clear if there is anything wrong with it (NR, webbing, rattle, etc). While it is still a good idea for the buyer to ask, it will always fall on the seller if there is a dispute and something isn't clear.

 

[hedge]

It could go either way, IMO it reads it is returnable. Jus try to keep the communication going, and possibly a small refund would make both parties happy.

 

[nvous12]

After dealing first hand w/ swagga its easy for me to say that this guy is legit!!! The post doesnt seem confusing to me. Plus isnt 120 for a used freak+ a pretty good deal anyway. I mean returnable or not. Ask question if things seem confusing, or if all questions arent answered. I know im a noob, but it seems to me like the purchaser has nothing to complain about!!!

 

[mihklo]

i do not see anything in there that would tell me it isnt returnable. normally when people list no return bats they put NR or WR right after what it is that they are selling/trading. i dont think he is asking for too much either. either way he is not completely happy, you should pay to have him ship it back or send him the $15 that he is asking for. jmo though.

 

[Cain]

I agree, I can see how he could be confused. The information is listed, if he was confused, should he have to ask... or should I have made the information more clear??

27oz Miken Freak+, in very good condition other then the ground poundage, It is a good bat in good shape, no issues.
I'm not sure on the hits as I got it from a board bro. Probably 500 swings would be my guess. I have another NR Freak+ that
I got as a return so I have no use for this one --- no reason to have two. $120

it doesn't specifically say both freak +s are NR. If you think $15 is too much, you can undo the deal. But then who'd cover the $15 to ship back?

 

[SwaggaLikeMe]

If you can see how it might not be clear, you've got your answer. From my understanding, if a contract is in dispute and there is something in it that is unclear, the ruling will go against the party who wrote the contract. While this is not a contract, you were still the one who wrote the listing. $15 is fair to give him (on the low end IMO, but you guys agreed to it and that's cool, but if he didn't want to take the $15, you should pay to have the bat shipped back to you).

When listing a bat, it should be explicitly clear if there is anything wrong with it (NR, webbing, rattle, etc). While it is still a good idea for the buyer to ask, it will always fall on the seller if there is a dispute and something isn't clear.

okay, not to push your buttons or anything, but let me ask you this. If you're a buyer, and something is unclear to you... shouldn't you be responsible for asking about something that is unclear??

 

[Hebrew Hacker]

After dealing first hand w/ swagga its easy for me to say that this guy is legit!!! The post doesnt seem confusing to me. Plus isnt 120 for a used freak+ a pretty good deal anyway. I mean returnable or not. Ask question if things seem confusing, or if all questions arent answered. I know im a noob, but it seems to me like the purchaser has nothing to complain about!!!

Returnable/NR is a major difference.

NIW Freak+'s go for $150-$170. So $120 for a used one is a good deal. A NR Freak+ goes for $110-$130, so $120 is not a great deal for a used NR.

 

[Hebrew Hacker]

okay, not to push your buttons or anything, but let me ask you this. If you're a buyer, and something is unclear to you... shouldn't you be responsible for asking about something that is unclear??

Yes you should. But this isn't a case of something being a little unclear (like asking someone to define what they mean by a light rattle). He didn't think there was a question at all of it being a NR.

 

[SwaggaLikeMe]

Another thing, I think my bat is worth more than $105. If I send him $15, he will have paid just that, $105 for a bat that I believe is worth $120. Maybe I will just pay to have the bat ship backed to me and refund him his money... I know I wont be happy selling a bat for $15 under what I believe the true value of the bat is.

 

[Hebrew Hacker]

Another thing, I think my bat is worth more than $105. If I send him $15, he will have paid just that, $105 for a bat that I believe is worth $120. Maybe I will just pay to have the bat ship backed to me and refund him his money... I know I wont be happy selling a bat for $15 under what I believe the true value of the bat is.

See post #18. $105 for a 500 hit Freak+ is pretty fair.

 

[SwaggaLikeMe]

Well, so far it looks like I should return him the 15 that he is asking for. I may have to bite the dust, unwillingly, considering that I was the one who listed the bat incorrectly. argghhhh... it just sucks to have to accept it.

 

[burned_ya]

Well, so far it looks like I should return him the 15 that he is asking for. I may have to bite the dust, unwillingly, considering that I was the one who listed the bat incorrectly. argghhhh... it just sucks to have to accept it.

that would be the better person and a great thing to do.

 

[SwaggaLikeMe]

"...I have another NR Freak+ that
I got as a return so I have no use for this one..."

I know this bit of information is not clear enough, but is it clear enough to atleast draw a question? I know I would have asked, but that is just me.

 

[SwaggaLikeMe]

damn it, why is this thread reading that there is 2 pages but not allowing me to view the second page???


grrrr..... this is pissing me off.

 

[Prox3]

You titled the bat as such: 27oz Miken Freak+, In my opinion, you should have stated right there that it is a NR instead of embedding it in the description. I would say send him the $15 refund since you also state how you can see how it may be misleading.

 

[Joker]

You titled the bat as such: 27oz Miken Freak+, In my opinion, you should have stated right there that it is a NR instead of embedding it in the description. I would say send him the $15 refund since you also state how you can see how it may be misleading.

i agree with this

 

[saint]

They are having probs with the server.


Swagga, I see both sides. I would just give him the $15 and be done. Lesson learned. Not worth the hassle of sending back and such.

tech n9ne fan?

 

[bird25]

27oz Miken Freak+, in very good condition other then the ground poundage, It is a good bat in good shape, no issues.
I'm not sure on the hits as I got it from a board bro. Probably 500 swings would be my guess. I have another NR Freak+ that
I got as a return so I have no use for this one --- no reason to have two. $120

it doesn't specifically say both freak +s are NR. If you think $15 is too much, you can undo the deal. But then who'd cover the $15 to ship back?

this is what I thought as well. I would think it is returable since you put NR on the 2nd one. Anyway, if he is happy with the $15 then I would just refund it and call it even.

 

[AJ22]

I agree with this ...



According to the price guide, I believe you were already high on your price to begin with ...

http://forums.softballfans.com/showthread.php?t=753025


A bat is only worth what someone is willing to pay. I believe you dealt with a GTG board member. If you can not come up with a resolution to where you both are happy, then I believe he ships the bat back to you at your expense (not his). Techincally, your description IMHO was not being straight. To me (only being honest), based on the description you left and price (makes a difference I also would have assumed the bat was returnable.

However, I can see your side also .... but if it was my deal, $15 is not going to make a difference and your buyer is getting a great deal on a bat !! I would refund the money because $15 isn't worth worrying about.

Best of luck ..

Is $15 to pay for shipping back worth undoing the deal ??

Common sense ... its only $15 ... just move on and lesson learned. No one is at fault ... no one is to blame. But if you undo the deal, you are out more money.