"Quandry? What to do?" Topic

I made a deal with a gentleman to purchase a rather large collection. Other than answering an ad, I do not know this person at all. To be fair, I know that he has been around a long time, as I used to see his name in issues of MWAN way back when.
The deal consists of three parts:

ARMY A
ARMY B
ARMY C TERRAIN AND SCENICS

The price is 3400 USD.
I made an offer for less than he was asking and he accepted.
I think that it's a price I can live with, so I made the offer.
Here's the rub. When I made the offer, I told the seller that I would send him 3 different Bank Checks. He wanted bank checks only. I complied and went to the bank and had the 3 checks drawn.
Since I don't know this gentleman from Adam, I insisted that
I would send check # 1 $1,200 USD USD) and that he should send any one of the 3 armies of his choice.
Upon receiving one army, I would send the second check
(1200 USD) whereupon he could send army # 2 of his choice. Same thing for check number 3 (the remaking 1000 dollars).

So, now the guy wants all the money up front before he sends me anything. To be completely honest, I sent the check to him before he sent the email saying that he wanted the cash all at once. I enclosed photostats of all 3 checks made out to him, to let him know that the money was all there. Again these are Bank Checks, not personal checks.

I'm not risking 3400 dollars all at once. Just sending 1200 to him has me holding my breath.

We didn't use paypal to avoid a considerable fee and I'm good with that because it was part of the price negotiation.
The gent appears to have a good reputation and as I said I know that he is a long time collector.

So, he says he will send the check back and cancel the deal.
I'm not changing my mind, so I guess that's it.

What would you do? No lawyers, please. Neither of us is looking to Court.
It was a simple deal until this popped up. I can't think of any reason why he needs the money all at once and up front. He complains that he has to pack everything carefully, so that it will him take some time to ship. Well this alleviates that problem by shipping in 3 parts.

On another note, how many of you would buy a collection for that price? To me that's a lot of cash to spend on toys.
But I was willing to do it.

Would you?
I don't think that there is a big market for this, so I think that he should be happy that he even found a buyer who was willing to work with him.

Opinions?

I plan on sending him a link to this page, so don't hold back. If you think that I'm wrong, then say so.
But really what I would love to know is how many of you would spend that kind of money? And I don't mean if you had imaginary money, but right now, with your own real money.

Thanks in advance.

You don't mention how far the items are to be sent. So would it be worth considering picking them up yourself?

Its a large amount of money to spend on toys but worth it if its what you want.

Scripture says-(i paraphrase)-let your yes mean yes and your no mean no.

The seller had an opportunity to say no at the outset. He said yes. He should honor his word.

However, only one side has been presented and we are not privy to full disclosure of all exact correspondence.

so to be fair- the buyer before sending any funds should have confirmed and then recapped the agreement in writing and request in writing that both parties had a meeting of the mind.

I had a similar large deal in the past that took three months from initiation to conclusion of negotions. There were at least twenty plus emails that outlined the permutations but ultimately it came down to a recap that both parties agreed upon and then communications throughout the transaction phase.

Yes it is alright to spend that much on toys if you have it. That is part of the whole notion of life, liberty and the pursuit of happiness!

It boils down to did both parties have a meeting of the minds that was mutually articulated.

Based on the buyers description-sending the funds might have been premeture.

For a deal of that size, I think it is reasonable to do it in three $1,000 USD or $1,200 USD dollar lots, however it should have been discussed prior to you sending a check. For a deal of that total size, I would be willing to drive pretty far to pick it up.

If the collections are worth it to you, and you have that kind of hobby money, sure, why not buy them? I don't have that kind of hobby money, so the purchase is out of the question for me. Perhaps, for you, the failed deal is a blessing in disguise?

Just cancel the cheque and walk away, end of story. Maybe he has good reasons for wanting to keep it to one transaction, but for that kind of money the first hint of trouble would be enough for me to go "nope, not happening."

It sounds as though you are paying more than you can afford.

You said 3 cheques at the beginning – did you say then that they would be sent in rotation, or could he have made the assumption that you had a reason for 3 separate cheques at once? (different bank accounts)

Realistically, people pay out that amount of money up front all the time. I've got a similar size deal going at the moment – money paid, I'm able to collect the figures myself in a couple of days but that wasn't the issue. Granted, the deal is with someone I've been buying/selling/swapping figures with for years, but the principle is the same.

You say he has been around for years – do you know his reputation? If it's a good reputation, send the money.

Also, I can understand the packing/sending issue. What is the cost difference between sending out one parcel over three? Is that an issue? If so, offer the difference.

The simple fact is, though, that without knowing EXACTLY what was agreed in terms of payment – 3 cheques or three stages – it's difficult to offer advice other than: if losing the money is a serious problem, then think twice before making any deal like this.

As mentioned by Custer7thcav, we only have one side of the story.

However, it would seem that both sides, prudently, wanted to safeguard themselves from possible fraudulent losses from the other side. This is fair enough. The seller wanted bank cheques, so is assured that they will not bounce, and you wanted split payments (which seem to have been agreed as part of the offer being made)to ensure that you actually got the figures. $3,400 USD is a lot to fork out, and potentially lose, in anyones currency.

The fact that the seller suddenly changes his mind and wants all the money up front, before sending you anything, would set all sorts of alarm bells ringing about the deal. The seller may have a valid reason for this but, as the installment plan had been agreed to as part of the deal, it is a very poor show of faith towards you.

If I had been the buyer, I would have cancelled the deal myself, as I do not like having my word doubted.

If the seller can find another buyer then good for him, if not then he is stuck with $3,400 USD worth of figures and terrain that he cannot sell. Whereas for a little trust and effort he could eventually have moved them on, and had a wad of cash in his hand.

I honestly think that you are better off out of this deal.

Looking on the bright side, you now have a whole bunch of money going back into your account for future purchases.

Steve J

I don't know both sides of the story. I do know that if I spent that kind of money, and started to get a feeling bad enough to post about, I would be very uncomfortable about sending anything. I also do not like my word/honor being questioned after a deal has been made. No toys are worth worrying about. Do what will make you FEEL the most comfortable. Whether backing out or moving on. Only you know. Good luck, whichever way you go.

I can see the desire to have it go as one lot as the seller could be left with partial product.

As I consider 1200 "a lot of money" once the seller changed his mind I would move on. No sense in risking that amount on someone who does not keep their word.

Bill, you're in the right. Anyone requesting all the money up front, especially that amount, is up to something. Move on.

I think you are wise asking to do the transaction in three lots to protect yourself. I would walk away from the deal, his loss.

Perhaps when your first check arrives he will change his mind, and realize that this deal is a good one all around. I can understand both sides of this exchange, and you are much braver than I for making such a large deal without knowing this gentleman.
I have never done a deal of that magnitude without knowing the person or having someone I know and trust vouch for said person.
I'm hoping it works out for you.

back in the 90s I ended up losing about 600 USD to an upstanding wargamer it has made me never get involved in large scale mail order buys

Walk away.

A deal is whatever you both agree to. You thought you had a deal. You tell us the other party changed the terms to something you are not comfortable with. That was arguably wrong of him, but there's no effective way you can press him to return to your original agreement.

These are toys. How badly do you need them? Walk away.

I sold a collection for $8,000 USD once and he sent me the check up front and then I drove 1,200 miles, one way, to deliver it. I actually stopped to visit some friends and relatives on the way back. He was a good customer of mine and he trusted me to keep my word which I did. All figures were intact and hand delivered!

I've done big purchases, but unless the funds are paid via a channel with recourse, ie paypal, as with Doug you want to do it face to face. If international, then being honest I would want a recourse option.

I don't think either of you are wrong or right, you need to communicate better with each other or smile and walk away. Starting a thread here and sending a link to the seller is not the best form imho.

Edit: If he had stiffed you on returning the cheque, then yes you can post away.

^^^ I forgot to add that there is no need to send a link to the seller -- I also consider it bad form.

Hard to send $3,600 USD to a stranger without certain assurances. The buyer, in this case was trying to minimize his risk which in my opinion is perfectly legitimate.
The only downside to the seller is the buyer might only buy one army than walk away. Otherwise I can't see a reason for the sellers behavior.

Bill, sorry to hear about this issue, which can take all of the fun and excitement out of the deal.

You said you wanted our feedback, even if we disagree. On one point, I agree with 79thPA. Sending a link to this post is not appropriate in my opinion. I don't have all the facts, and even if I did, my advice would be the same.

Work it out with the seller.

Phone the seller. Talk to him. Find out what the issue is without rancor. If additional postage, or "seller's remorse" because he really need the original price to meet some financial obligation, or whatever, talk it out so there are no misunderstandings.

frankly if it was me I'd have agreed a place to meet and swap cash for toys face to face best for everyone. Of course I live in the UK slightly tricker in the US….

I agree with Dom…

Cancel the check and walk away. I did a $5,000 USD deal once. I drove a 1000
Miles to deliver. He drove a 1000 miles to pickup. He paid cash.
A phone call between you two is in order. If not; cancel the check. Maybe you both have learned something with all of this.

Can't you post date the 2nd and 3rd checks? That way he has them in his hand, but you get the safety of receiving the goods in intervals. If any problem just cancel the post dated checks.
I always wire money, which means I'm totally at the mercy of the seller. Haven't been stung yet, but I understand your concerns.

Depending on what country is involved, post dating means little to nothing. As these are bank checks, the bank would likely refuse to post date them if it's against regulation/law.

link

Walk away and don't look back. If he changed the deal then it's on him. Get your check back or cancel the check. $3 USDK is a lot of money for army men. I have driven 600 miles to pick up a collection that cost me a lot of money, but it's worth it for the peace of mind.

Don't send him the link, our opinions don't matter; only yours and his matter.

Keep us updated.

Mike Bunkermeister Creek
Bunker Talk blog

Walk away.

I do a lot of buying of musical instruments.1st sign the deal's not going as planned payments are cancelled.They can call me any name they want.No tracking number after 3 days,payments cancelled. End of story

Remember it's your money if at any time you feel nervous,walk away.Until you receive the goods it's still your money.

Yeah the deal seems fishy to me too. I think I'd have a hard time spending that much cash at once on the hobby. But I probably spend close to it over the course of a year and a half or so…

Not knowing his side of the story, I'd still have to say that it's a bit weird that he won't accept split payments. If you both deliver what's the problem? Asking for that much money up front with no assurances or protections seems unreasonable.

I decided to walk away and not send the link. I really just cannot grasp why the gentleman would not accept the first check and send something to satisfy me.
I do not (let me repeat, DO NOT) think that the gentleman is
a scam artist or anything of that nature.

But, I can't think of a single reason for not sending me a partial shipment.

C'est la vie.

Packing painted stuff does take a bunch of effort and to have to do it three times would be a pain. I can understand the issue with trust though. However, if one comes to an agreement to a price and payments then one should follow through.

Probably best that the deal was canceled.

Agreed.