Intriguing Stephen King/King Related/Dark Tower Auctions-Sales

[neosatus]

First - the civil suit idea, while satisfying to consider, is a non-starter. Your only 'damage' is the $15 dollars you didn't get to spend. I suppose a lawyer could come up with something, but then you're paying a lawyer.

I suggested coming to an accommodation first. Then using the threat. Then thinking about filing suit.

It usually would not be worth it. I am not certain that it would be worth it in this case. There would be many considerations to entertain prior to filing a lawsuit. Prosecuting a suit and collecting a judgment are a pain in the ass. Walking away may well be the better choice, or not. It isn't a light decision.

However consider this. Anyone can pay the fee and file a suit for breach of contract in their County Court. The defendant would then have to respond to the suit in that county. Most would have to hire an attorney to do so. The defendant would have to physically appear eventually to defend the suit. The defendant is open to deposition, subpoena and Discovery. There is no possibility that the defendant would prevail since they obviously are in breach of contract. Also, the losing party is responsible for attorney's fees.

As far as damages go, I wouldn't sue for the value of the contract. I would sue for it's enforcement. I would ask that the seller produce the contracted book.

I agree completely. That's a scumbag thing to do and I'd love to see the seller answer for it.
Is the "buyer" a member here?

[neosatus]

A deal culminated on eBay constitutes a contract. A contract can be enforced in civil court.

As the buyer I would have asked the seller to come to a reasonable solution. I can understand that the price wasn't even close to a fair market price and would have been willing to sweeten the pot to conclude the transaction. If the seller refused I would probably have threatened a civil lawsuit in my County Court for Breach of Contract. If the threat didn't work I would seriously consider actually filing the suit.

I would definitely have left negative feedback failing a resolution.

I messaged the buyer about it. I'll post any reply.

That is fucked up, filling a civil lawsuit over a fucking book..what a pussy move that would be.

Such strong words (from such a small mind?).

Let me explain something to you. Placing a bid and posting a listing for sale is agreeing to a legally binding contract. Every user is informed of this in the user agreement.


In my opinion, it's the PUSSY that won't stand up for him/herself if someone screws them over, like backs out of a deal. I'm guessing you wouldn't actually do the same, if someone backed out of a legal contract with you though, and you're just talking shit.

[neosatus]

You're not wrong....I guess the problem is a civil judgment for a small amount like this (because after all is said and done, in the eyes of the law, it's still just a $15 value), you will spend more money than the book's worth to chase it down.

Plus, an out-of-state defendant doesn't have to respond at all....all that happens is a default judgement is issued, but then you have to collect on it. Which means hiring a sherriff in the person's state to track them down - which I'm not sure they'd do for a $15 book. And the judgment won't be for 'possession' of the book, it will be for money.

It's never worth it - the value of the book ($300) is not worth the time and aggravation a lawsuit would actually require. Like I said, sometimes you can take advantage of a low-ball price, sometimes you can't.

But you are right - it's an option. For spite, if nothing else.

You are not wrong either. In fact you are correct. The most likely result of such a suit is that the defendant fails to defend the suit and a default judgment is entered. In this case a judgment for $300 or so and attorney's fees it any. It hardly seems worth the aggravation, especially considering the fact that you would still have to collect it. That is why I didn't advocate actually suing. (The larger the amount the more sense a suit makes.) However making the seller aware of the possibility while sweetening the deal seems like a valid strategy.

In your mind it may be a valid strategy. To me , its a chicken shit bully strategy.

It would be an overreaction - but I can see where the seller deserves to be threatened, a little. Hey, if you don't want to sell something for a lowball price, do your research and figure out what it's worth.

However, as I've said, if it were me I'd just laugh it off.

The problem I have, like most of us here, is the busybody who stuck his fat nosy beak into somebody else's business.

The seller doesnt deserve to be bullied because he was informed. Also, if you think that someone here should mind their own business...then maybe we should stop informing ebay or other buyers about fake autographs..because maybe its their fault that they are not informed about kings signature. Also, maybe we should stop posting about potential items on ebay, because really, thats just informing other collectors about the a potential item that someone could have gotten for alot cheaper if someone else's fat nosy beak didnt post it for everyone else to see.

You're seriously comparing intentional FRAUD... with a seller willingly posting a BIN listing on ebay for the price they choose? That's not apples and oranges, that's apples and the moons of Uranus.

[Br!an]

On the off-chance that someone is looking for DT 1 #98 or #334

http://www.abaa.org/details.php?dcx=...986&aid=bkfndr
http://www.abaa.org/details.php?dcx=...924&aid=bkfndr

At least they aren't asking too much. /s

[Randall Flagg]

$29.99, one bid:
SONG OF SUSANNAH Stephen King DARK TOWER VI - SIGNED/LIMITED ARTIST ED HCDJ 2004

Starts at $299:
THE GUNSLINGER Stephen King THE DARK TOWER I HCDJ 1982 1st Edition/1st Printing

[Br!an]

US $255.00 Reserve price not met [ 5 bids ] $525 BIN

Complete-Dark-Tower-Series-Stephen-King-Donald-M-Grant-Artist-Signed-1st-edns

[Kingfan24]

A deal culminated on eBay constitutes a contract. A contract can be enforced in civil court.

As the buyer I would have asked the seller to come to a reasonable solution. I can understand that the price wasn't even close to a fair market price and would have been willing to sweeten the pot to conclude the transaction. If the seller refused I would probably have threatened a civil lawsuit in my County Court for Breach of Contract. If the threat didn't work I would seriously consider actually filing the suit.

I would definitely have left negative feedback failing a resolution.

I messaged the buyer about it. I'll post any reply.

That is fucked up, filling a civil lawsuit over a fucking book..what a pussy move that would be.

Such strong words (from such a small mind?).

Let me explain something to you. Placing a bid and posting a listing for sale is agreeing to a legally binding contract. Every user is informed of this in the user agreement.


In my opinion, it's the PUSSY that won't stand up for him/herself if someone screws them over, like backs out of a deal. I'm guessing you wouldn't actually do the same, if someone backed out of a legal contract with you though, and you're just talking shit.

Why are you ALWAYS the one jumping on here insulting other members? He just gave his opinion on the matter. There is no need to berate the guy for doing so.

"Let me explain something to you. Placing a bid and posting a listing for sale is agreeing to a legally binding contract. Every user is informed of this in the user agreement."

Actually in a Federal Court the "contract" would NEVER hold up since the "check this box if you agree to this user statement blah blah bullshit" has been deemed (multiple times I might add) inadmissible in court.

[Br!an]

Why are you ALWAYS the one jumping on here insulting other members? He just gave his opinion on the matter. There is no need to berate the guy for doing so.

"Let me explain something to you. Placing a bid and posting a listing for sale is agreeing to a legally binding contract. Every user is informed of this in the user agreement."

Actually in a Federal Court the "contract" would NEVER hold up since the "check this box if you agree to this user statement blah blah bullshit" has been deemed (multiple times I might add) inadmissible in court.

killbourne is the one who was flaming me. I have no problem with him having opinions. Even the irrational ones he holds. He might want to stop expressing ad hominems online that he would hesitate to offer in person though.

Federal court wouldn't have jurisdiction over a small claims contract dispute.

[Randall Flagg]

A bit more leeway will be allowed on this discussion. Too much more and the debate will be moved to a different thread so as to keep this thread one on track.
Perhaps I will re-title this thread to "Ethics"...
Buying things specifically to sell for a profit.

[Kingfan24]

Why are you ALWAYS the one jumping on here insulting other members? He just gave his opinion on the matter. There is no need to berate the guy for doing so.

"Let me explain something to you. Placing a bid and posting a listing for sale is agreeing to a legally binding contract. Every user is informed of this in the user agreement."

Actually in a Federal Court the "contract" would NEVER hold up since the "check this box if you agree to this user statement blah blah bullshit" has been deemed (multiple times I might add) inadmissible in court.

killbourne is the one who was flaming me. I have no problem with him having opinions. Even the irrational ones he holds. He might want to stop expressing ad hominems online that he would hesitate to offer in person though.

Federal court wouldn't have jurisdiction over a small claims contract dispute.

I wasn't quoting you... I was quoting Neostatus who decided insulting people by telling them they had a small mind was a good idea. Though Federal court may NOT have jurisdiction over a small claims court, there's no way a small claims court would deny the precedence set by the judgement of the Federal court.

[George at C-Springs]

I vote "move it", RF; it's like being forced to watch The People's Court or Judge Judy with armchair attorneys. It's bad enough having to watch it in the first place. Ugh.

[jhanic]

I agree.

John

[RIC #520]

On the off-chance that someone is looking for DT 1 #98 or #334

http://www.abaa.org/details.php?dcx=...986&aid=bkfndr
http://www.abaa.org/details.php?dcx=...924&aid=bkfndr

I am looking for a #96... very close

[RIC #520]

I vote "move it", RF; it's like being forced to watch The People's Court or Judge Judy with armchair attorneys. It's bad enough having to watch it in the first place. Ugh.

I agree... this is getting old very quick... put it somewhere else..

[bdwyer19]

I agree.

John

+1

[Br!an]

I wasn't quoting you... I was quoting Neostatus who decided insulting people by telling them they had a small mind was a good idea.

No problem Nick. Let's all refrain from name-calling.

Though Federal court may NOT have jurisdiction over a small claims court, there's no way a small claims court would deny the precedence set by the judgement of the Federal court.

State courts operate under state law. They utilize state statutes, state civil procedures, state case law, state Appellate rulings and state Supreme Court rulings. Aside from US Supreme Court rulings and Federal Appellate rulings for the local circuit, Federal law doesn't much come into it.

[Robert Fulman]

US $255.00 Reserve price not met [ 5 bids ] $525 BIN

Complete-Dark-Tower-Series-Stephen-King-Donald-M-Grant-Artist-Signed-1st-edns

My favorite BS listing. The title should really say:

Complete* Dark Tower Series Stephen King Donald M. Grant Artist Signed** 1st edns***
* Does not contain The Wind Through the Keyhole
** Only three of the books are signed by the artists
*** Two of the books are not first editions

(maybe I should buy the books and then sue to force him to provide me with signed first editions?)

[Br!an]

$100 on 0 bids - $550 BIN S/L #612

The-Secretary-of-Dreams-Vol-1-SIGNED-LIMITED-STEPHEN-KING-CEMETERY-DANCE

$100 on 0 bids - $550 BIN S/L #612

The-Secretary-of-Dreams-Vol-2-SIGNED-LIMITED-STEPHEN-KING-CEMETERY-DANCE

$300 on 0 bids

Black-House-by-Stephen-King-Peter-Straub-2002-Signed-Limited-1402-1520

$405.00 Reserve price not met on 3 bids - $2500 BIN S/L#43

Stephen-King-The-Eyes-of-the-Dragon-Limited-Edition-SIGNED-One-of-250-copies

[Randall Flagg]

$5:
Stephen King Sourcebook mag 1982 "My High School Horrors" non fiction ext rare



$40:
The Drawing of the Three by Stephen King 1st 1987


"CHRISTINE" 1/18 1958 Plymouth Fury STEPHEN KING/John Carpenter CLEAN Autoworld




$200, 4 bids:
Stephen King Rage 1st Edition Richard Bachman RARE



Needs a dj, but $20 is a good price:
Dark Tower III: The Waste Lands Stephen King (1991, Hardcover) 1st Edition First


$6, 2 bids:
Wizard and Glass Bk. 4 by Stephen King (1997, Hardcover) First Edition EUC

[tippy4]

US $255.00 Reserve price not met [ 5 bids ] $525 BIN

Complete-Dark-Tower-Series-Stephen-King-Donald-M-Grant-Artist-Signed-1st-edns

My favorite BS listing. The title should really say:

Complete* Dark Tower Series Stephen King Donald M. Grant Artist Signed** 1st edns***
* Does not contain The Wind Through the Keyhole
** Only three of the books are signed by the artists
*** Two of the books are not first editions

(maybe I should buy the books and then sue to force him to provide me with signed first editions?)

I don't think there is anything wrong with that listing at all.

The title of an auction is meant to grab your attention so you click on it...so the seller put in keywords that would do just that.

It is debatable whether of not TWTTK is part of the a complete Dark Tower set.

Some of the books offered are signed by the artists, and some of them are first editions.

[Br!an]

US $255.00 Reserve price not met [ 5 bids ] $525 BIN

Complete-Dark-Tower-Series-Stephen-King-Donald-M-Grant-Artist-Signed-1st-edns

My favorite BS listing. The title should really say:

Complete* Dark Tower Series Stephen King Donald M. Grant Artist Signed** 1st edns***
* Does not contain The Wind Through the Keyhole
** Only three of the books are signed by the artists
*** Two of the books are not first editions

(maybe I should buy the books and then sue to force him to provide me with signed first editions?)

I don't think there is anything wrong with that listing at all.

The title of an auction is meant to grab your attention so you click on it...so the seller put in keywords that would do just that.

It is debatable whether of not TWTTK is part of the a complete Dark Tower set.

Some of the books offered are signed by the artists, and some of them are first editions.

The seller is very clear about what is for sale in the description. The price is on point too.

(Doing so would be a fraud or at the least bad faith.)

[Jimimck]

Not sure I agree with the price. I paid $550 for my first edition set, where 1 was second printing, 2-4 were firsts and 5-7 the artist editions plus it came with a normal first 7.

Nothing wrong with the listing though.

[Br!an]

Not sure I agree with the price. I paid $550 for my first edition set, where 1 was second printing, 2-4 were firsts and 5-7 the artist editions plus it came with a normal first 7.

Nothing wrong with the listing though.

I think its okay for a BIN price. A couple hundred for the first four and three for the artist's editions or so. The auction will presumably go for less. I wonder what the reserve price will be.

[Randall Flagg]

Where do you guys come up with these numbers? Don't get me wrong, I don't know, but what makes you guys expert?

[Br!an]

Where do you guys come up with these numbers? Don't get me wrong, I don't know, but what makes you guys expert?

I never claimed to be an expert. It's a simple market analysis. I look at book prices for several hours per day.

I'm basing it partly on recent eBay sales. The last slipcased DT-1-2-3 went for $150. (Same as everywhere) The last few DT-4s range from $15-200 but $80-$100 seems to be the mean for F/F. The last DT-5&6 artist editions went for $150 each. (Bett's $120?) The last DT-7 artist edition went for $79. (Bett's - Available for $55)

You can look at Bett's sold listings to see what people are paying. (Although not for as long as the sold listings on eBay.) It is usually a little less (20%?) than on eBay.

Those prices haven't changed much in the last few months although they are variable. They have risen a little though.