Baseball Card on ebay

[luvsspike]

I recently purchased a Randy Johnson Upper Deck Rookie Card on ebay...or at least I thought it was going to be Upper Deck. When I saw the item for sale the picture of it was for a Upper Deck card (not worth nearly as much)...the title of the listing said Fleer, but the description and all the other classifying material said Upper Deck. I wrote an email to the seller clarifying that it was Upper Deck and when it was confirmed, I purchased the card for what was a GREAT price. Well, it took about 10 days for the card to arrive after the seller sent me the wrong tracking number. And when I open it up, its the Fleer from the picture and not the Upper Deck. Again, I wrote an email saying that I purchased an Upper Deck. He said that I received what I bought from the listing. He said it was the wrong picture. No where in the listing does it say "This picture is NOT the card you will receive." And his email to me confirmed it was Upper Deck. I feel that I am entitled to the Upper Deck card. He just wants me to send the Fleer card back (on my dime) for a refund. Before I pursue this through ebay...anyone have any thoughts. If this were a retail store and a price was wrong on an item, they would still have to sell it to me, right?

 

[Michael Wechsler]

Here's the general rule - a mutual mistake means a contract is void because neither intended to do the deal as per the terms. However, you confirmed that price x is for card y, not card z. He confirmed. There is no mutual mistake - it is only his mistake. You can write him back and tell him that he should refund you the money immediately. I wouldn't care to send back my collateral on my dime, especially if it's his mistake. I haven't seen the exchange or the ad, but based upon what you told me, your general thoughts and common sense would dictate you're right.