Bill E. 666 Posted October 23, 2017 ebay. what year is this? I do terrible on EBay. Too many people selling fakes for almost nothing. (Of course I just sold a real one on my site for nothing) A lot of people stay away from eBay because it is hard to tell real from fake. I can charge a fair price without people having to dig through junk to find my teeth. Share this post Link to post Share on other sites
IMMensaMind 459 Posted October 23, 2017 I do need to do that for sure. It was never an issue since 1999 when I started doing this, but I need to do that. I think titan's advice is correct. There was no consideration; you don't have to honor a contract because there is no contract until the transaction is complete, and you have voluntarily decided not to do so. I would do nothing. I would ignore this woman. Share this post Link to post Share on other sites
Bill E. 666 Posted October 23, 2017 . I can profile the type of person that says "Huh-unh....you listed it as $0, so I want it for $0". ---------> lowlife. It has been all I can do not to blast her back in a series of emails but I figure ignoring her will bother the out of her. Share this post Link to post Share on other sites
Bill E. 666 Posted October 23, 2017 I think titan's advice is correct. There was no consideration; you don't have to honor a contract because there is no contract until the transaction is complete, and you have voluntarily decided not to do so. I would do nothing. I would ignore this woman. yea I think you are correct. Share this post Link to post Share on other sites
fandandy 3,311 Posted October 23, 2017 I would keep emailing her back with the lowest priced teeth you have and telling her although it's not quite zero dollars XXX is close to zero dollars. Share this post Link to post Share on other sites
NorthernVike 2,080 Posted October 23, 2017 Don't give her anything in writing. Share this post Link to post Share on other sites
fandandy 3,311 Posted October 23, 2017 My dog just lost his tooth. I could send you that and you could slide it under your pillow and maybe the tooth fairy would sneak into your room and sniff your soiled panties and stick his finger in your . Share this post Link to post Share on other sites
edjr 5,562 Posted October 23, 2017 My dog just lost his tooth. did you check your pubes yet? Share this post Link to post Share on other sites
fandandy 3,311 Posted October 23, 2017 did you check your pubes yet? badumbum tsssssssss Share this post Link to post Share on other sites
Kanil 519 Posted October 23, 2017 Since you all are the smartest and most successful people I know I figured this was the best place to come with a legal question. So two days ago I accidentally put a $220 Megalodon tooth on my site but failed to put in an amount so it listed as $0. A lady found a way to purchase it at $0 by adding a stand to the order for $7. I refunded the price of the stand and explained the error. She has repeatedly threatened to sue me for not honoring the "sale". I would rather pay legal fees than let this lowlife rip me off. Does she have a case? I say no because of a reasonable assumption of error or unilateral mistake of fact. Plus from what I remember from my bus law classes you need to receive consideration. You're fine dude. Now, you can pay my retainer in teef. 1 Share this post Link to post Share on other sites
penultimatestraw 473 Posted October 23, 2017 He may have insurance which would provide him with a defense. Its always inadvisable to represent yourself, no matter how right you are Meh, you take medicine without a doctor's instruction, change your oil, do light repairs around the house, etc. What about lawyering is so complicated a 100% frivolous claim needs their help in defending? Share this post Link to post Share on other sites
penultimatestraw 473 Posted October 23, 2017 Yea I would not even take a chance. She said she is disabled. That is why it would cause her emotional distress.What disability adds to the distress of not swindling a shark tooth dealer? Share this post Link to post Share on other sites
kutulu 1,545 Posted October 23, 2017 I have found people will do almost anything for a shark tooth 1 Share this post Link to post Share on other sites
IGotWorms 3,311 Posted October 23, 2017 This. Also, a legal contract requires a meeting of the minds, meaning that all parties agree on the terms. Exactly for situations such as this. If you end up in court just say you made a mistake and therefore there was no meeting of the minds. You did not intend to offer the item for free. it's an open and shut case and I would tell her lawyer that. No decent lawyer would pursue such a case so if you do get sued you can just assume you're being sued by Worms. https://contract-law.laws.com/contract-law/meeting-of-the-minds Yeah its a pretty easy out on any contract that no one really knows about. Just say there was no meeting of the minds. Boom, youre out! Easy peesy Share this post Link to post Share on other sites
DankNuggs 305 Posted October 23, 2017 Yeah its a pretty easy out on any contract that no one really knows about. Just say there was no meeting of the minds. Boom, youre out! Easy peesy Worms has been working on this since this morning. You've exceeded the retainer of a set of megladon teef. You know owe him an entire Megladon Share this post Link to post Share on other sites
IGotWorms 3,311 Posted October 23, 2017 Worms has been working on this since this morning. You've exceeded the retainer of a set of megladon teef. You know owe him an entire Megladon I will split the fee with strike because I didnt realize you can just say oh gee Judge, there was no meeting of the minds! until he brought it up Share this post Link to post Share on other sites
Reality 2,710 Posted October 23, 2017 TBBOM always brings solid legal advice around these parts. Different situation. Bezos had a team of high end lawyers write terms of service that promise god knows what.That is a good point bill. Does the payment processor you use have any terms of service? That may be your easy out right there.And you should probably slap some boilerplate on your site itself. By shopping here you agree to the terms of service, sales can be voided at any time for any reason, etc. go Fock yourself etc. Share this post Link to post Share on other sites
Strike 3,968 Posted October 23, 2017 I will split the fee with strike because I didnt realize you can just say oh gee Judge, there was no meeting of the minds! until he brought it up You can't idiot. But if you can demonstrate it by, oh, I don't know, showing that you've never sold a tooth for $0 so why would you now, you're pretty damn likely to win. God, you're a focking dolt. Share this post Link to post Share on other sites
DankNuggs 305 Posted October 23, 2017 I will split the fee with strike because I didnt realize you can just say oh gee Judge, there was no meeting of the minds! until he brought it up I member undergrad intro to law Which half are you hoping to get? Share this post Link to post Share on other sites
tanatastic 2,061 Posted October 23, 2017 Bluff, no lawyer would waste time on that case when she brought it to them. Just make a new listing, apologize to her and move on. Share this post Link to post Share on other sites
IGotWorms 3,311 Posted October 23, 2017 I member undergrad intro to law Which half are you hoping to get? The top half. Strikes always bottom Share this post Link to post Share on other sites
edjr 5,562 Posted October 23, 2017 Bluff, no lawyer would waste time on that case when she brought it to them. Just make a new listing, apologize to her and move on. Trump's Share this post Link to post Share on other sites
IMMensaMind 459 Posted October 23, 2017 You can't idiot. But if you can demonstrate it by, oh, I don't know, showing that you've never sold a tooth for $0 so why would you now, you're pretty damn likely to win. God, you're a focking dolt. I think you took what he said incorrectly. He was totally agreeing with you. Share this post Link to post Share on other sites
frank 2,144 Posted October 23, 2017 Ask her how many games the Pirates will win next year. 1 Share this post Link to post Share on other sites
Cloaca du jour 2,064 Posted October 23, 2017 For the mistake offer 20 dollars off or tell hwr to pound sand Share this post Link to post Share on other sites
Bill E. 666 Posted October 24, 2017 Bluff, no lawyer would waste time on that case when she brought it to them. Just make a new listing, apologize to her and move on. Did that. Should be over but we will see. Share this post Link to post Share on other sites
Bill E. 666 Posted October 24, 2017 Ask her how many games the Pirates will win next year. Thought of that. "Your Honor, I never offer shark teeth for $0 except if you know who will win the Superbowl and by how much." Share this post Link to post Share on other sites
Bill E. 666 Posted October 24, 2017 Bluff, no lawyer would waste time on that case when she brought it to them. Just make a new listing, apologize to her and move on. Unless she is stupid enough to pay him then he probably would. She mentioned that I will spend a lot more defending than the tooth is worth but I am ok with that. I guess that is where we are at. Do either of us blink when we have to pay the lawyer. Also she is from FLA and I am in GA so if they file in FLA I have to get a lawyer there. Share this post Link to post Share on other sites
Cdub100 3,380 Posted October 24, 2017 You don't have to sell her sh1t if there was an honest mistake. Companies do it all the time. Share this post Link to post Share on other sites
penultimatestraw 473 Posted October 24, 2017 For the mistake offer 20 dollars off or tell hwr to pound sandThe heck with that...weasels should not be rewarded. Share this post Link to post Share on other sites
Cloaca du jour 2,064 Posted October 24, 2017 Walmart online had a nice 80 dollar digital camera for 4.32 I ordered six to give as gifts... transaction went thru... no cameras. They wouldnt fill the order. They offered me a coupon. Share this post Link to post Share on other sites
penultimatestraw 473 Posted October 24, 2017 Unless she is stupid enough to pay him then he probably would. She mentioned that I will spend a lot more defending than the tooth is worth but I am ok with that. I guess that is where we are at. Do either of us blink when we have to pay the lawyer. Also she is from FLA and I am in GA so if they file in FLA I have to get a lawyer there. This was over a phone conversation, or did she threaten you in writing? I would be tempted to get into a flame war with her, but she really needs to be ignored. Unless you get subpoenaed, I wouldn't contact a lawyer either. Share this post Link to post Share on other sites
Bill E. 666 Posted October 24, 2017 This was over a phone conversation, or did she threaten you in writing? I would be tempted to get into a flame war with her, but she really needs to be ignored. Unless you get subpoenaed, I wouldn't contact a lawyer either. That is the hardest part. She said all this in e-mails. It is funny because she will call it an error seven times in one email and then say she relied on it as a goof faith offer in another. I want to say do you know how stupid you sound? But I bite my tounge. Share this post Link to post Share on other sites
titans&bucs&bearsohmy! 2,745 Posted October 24, 2017 That is the hardest part. She said all this in e-mails. It is funny because she will call it an error seven times in one email and then say she relied on it as a goof faith offer in another. I want to say do you know how stupid you sound? But I bite my tounge. Goes without saying of course, since youre not stupid, but print and save those emails. Sounds like she hung herself in them threatening an exthortive lawsuit and admitting that she knew it was an error. If you do get a demand letter from a lawyer, first thing Id do is file a bar grievance. It wont cause any real harm, but they are annoying and lawyers hate dealing with them. Share this post Link to post Share on other sites
Bill E. 666 Posted October 24, 2017 Goes without saying of course, since youre not stupid, but print and save those emails. Sounds like she hung herself in them threatening an exthortive lawsuit and admitting that she knew it was an error. If you do get a demand letter from a lawyer, first thing Id do is file a bar grievance. It wont cause any real harm, but they are annoying and lawyers hate dealing with them. Thanks. Good idea. Share this post Link to post Share on other sites
penultimatestraw 473 Posted October 24, 2017 Thanks. Good idea.I like it. Shitty people should all be accountable for their actions. Share this post Link to post Share on other sites
Old School 360 Posted October 25, 2017 Geez Bill. This is really unfortunate. Explain this is interfering with your ability to create a new contest here in geekland, and advise her to cease and quit it! Share this post Link to post Share on other sites
Artista 460 Posted October 25, 2017 This. It's small claims court. Tell her good luck. See you in court. She's trying to bully you. She'll fold. She's filed a few of these. And failed many more times than won. Sorry to hear Bill. Though this would be great to see on Judge Judy.. GL 1 Share this post Link to post Share on other sites
Artista 460 Posted October 25, 2017 Goes without saying of course, since youre not stupid, but print and save those emails. Sounds like she hung herself in them threatening an exthortive lawsuit and admitting that she knew it was an error. If you do get a demand letter from a lawyer, first thing Id do is file a bar grievance. It wont cause any real harm, but they are annoying and lawyers hate dealing with them. I wouldn't be surprised if there is no lawyer, or that she's even disabled. Just someone who didn't get the deal she thought she would and is lashing out. Share this post Link to post Share on other sites
DankNuggs 305 Posted October 25, 2017 As said, print/save emails and forget about it. She isnt suing. 1 Share this post Link to post Share on other sites
