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PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

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Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#51

Are there any laws regarding the treatment of antiquities and museum pieces like this that could be used to get PayPal to shape up here?

I think the point is that paypal (and the buyer) are claiming it's not an antique or museum piece, but rather a counterfeit.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#53
post #39

Earlier quoted context omitted.

He should care because if he did that I'd take his sorry ass to court for destruction of MY property.

You sound angry now. Imagine how angry you'll be when you lose your internet tough-guy lawsuit. https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-c... 10.1 b Further, if you lose a SNAD Claim because we, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it will be destroyed). PayPal S…

I don't see at all that they reasonably believed it was counterfeit. Unreasonably speculated, perhaps. Reasonably believed? Nope.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#54
It seems to be, that most of PayPal's PR blunders result from heavily regulation of stupid employees. I know we don't tolerate personal insults here on HN, but those of you who have spoken to as many PayPal reps as I have, will probably agree that there are few other ways to describe them. I guess their logic is: "If we can hire dumb people for less money, and regulate them so they can't make mistakes, we can save money! Genius!"

Honestly, this just goes to show how important hiring really can be. Someone with enough common sense to say "hey, that doesn't seem right" would eliminate so many of these problems.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#55

Are there any laws regarding the treatment of antiquities and museum pieces like this that could be used to get PayPal to shape up here?

The whole point here is that it's not really an antique piece. If I sell you a 'drawing by Picasso' for $10k, but when you examine it you see that's it's on a kind of paper that was manufactured after Picasso's death, then naturally you will want your money back. Now, the broker (eBay/Paypal) could simply require you to send it back to me and that I refund the money, but that likely means I will just sell it again and again until I find some sufficiently gullible buyer - putting all the risk onto the broker and damaging its reputation.

Now, we could argue about whether a drawing by some modern artist that looks very like the work of Picasso is really any less valuable in aesthetic terms, and this question has cropped up a few times in the art world - see Orson Welles' little-known masterpiece F for Fake for a documentary treatment of the subject. But the fact is that the buyer is not satisfied, and whether the buyer has poor taste or is acquiring a famous signature rather than excellent art is beside the point. The buyer could have chosen to love the piece on its own merits or sell it on to some more credulous or indifferent person, but has instead exercised a contractual right to a refund (from the broker). And the broker is, in turn, exercising its contractual right to make the seller carry the cost of the misrepresentation. The seller could have brought the piece to an expert and sold it for cash, as-is and no refunds, but experts are used to such risks and would offer a much lower price. By offloading much of the transactional risk to the broker (compared to, say, advertising it on Craigslist), the seller accepted the broker's conditions.

It's all very well to complain about Paypal being terribly mean, but somehow I doubt the original offer of sale was 'possibly-fake violin, buyer beware.' Lots of people sell damaged or otherwise flawed goods on eBay with no problem, but they clearly identify the potential deficiencies so that buyers cannot claim to be surprised after the fact. If authentication disputes are a common issue with used violins, then the seller should have used an authentication service or sold on consignment through a specialty dealer, and accepted the costs involved as a marketing expense.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#57
post #37

As a musician, there's something genuinely horrific about the destruction of a musical instrument. Whether it's the fault of PayPal or not, I really hope whoever has done this gets what they deserve.

> I really hope whoever has done this gets what they deserve

I think they did. They got $2,500.

For some reason I believe the buyer and not the seller. I think the seller fraudulently listed the violin as not what it really was, and got called on it.

My reasons are:

a: The buyer has only a minimal reason to lie (if they didn't like the product and tried to return it but couldn't).

b: The seller refused the return, which is unusual for this type of purchase.

c: "But my main goal in writing to you is to prevent PayPal from ordering the destruction of violins" - sorry but that type of "moral superiority" is done (in my experience) by people who know they are morally wrong, but are trying to claim the high ground.

Obviously I have no actual knowledge here, but that's my sense.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#58
So the moral is, if you are selling a big ticket item, don't accept paypal. There are many cases where it just gets reversed, and the buyer is always right.

When selling something like this, accept cashier checks, money orders, bitcoins, etc. You need need it to be non-reversible.

Re: PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute

#60
post #46

To answer a couple of questions: 1. $2500 is a mid grade violin. I have a 100yo Czech violin that is worth $250. Sears specials for Jr. High students can cost $100. 2. The seller is right that the Label doesn't qualify as intentional counterfeiting. My Czech violins says its a Strad. This is extremely common, and should be taken more like a 'inspired by' tag--unless of course the maker is reputable enough to place th…

I wonder if counterfeits explain this: http://www.npr.org/blogs/deceptivecadence/2012/01/02/1444828...
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