Potential NAD Situation; Looking for Opinions Please
Hello--
Very curious to know what the ruling would be on this one.
This is a record/LP issue, and I will try not to go too far down the rabbit hole that is collector geekdom on the explanation. I stumbled across a listing from a 0-feedback seller (red flag) with only the name of the artist and the album in the title. The two photos provided were front cover and back cover still in plastic shrink-wrap though the record was not brand new/not still sealed; I could see the back cover had no bar code and it was clearly a late 1960s/early 1970s pressing of this 1965 record album. Condition was stated as Near-Mint. Description was AI-generated, and the seller piggybacked off of an established eBay listing set up for a modern 2021 pressing of this record, which I could plainly see by the cover it was not.
Again: no photo(s) at all of the actual record. The BIN price was $19.42, which was very reasonable for an NM copy of the era corresponding to the cover photographs presented in the ad. I made a $15 best-offer that was quickly accepted.
I was curious to see sale prices of previous auctions for this same record, so I did a search for completed auctions. I immediately noted that this same seller had "sold" this exact same record--same description and same two photographs--twice already within the past 24 hours
Uh oh.
I messaged him to ask how many used copies of this particular record he has to sell; he thanked me and replied that I got the last one. In turn, I answered to let him know how I appreciated his quick response, and could he confirm the record I am getting will have the exact cover pictured in the ad with the opened shrink-wrap.
"Yes."
Clearly something doesn't pass the sniff test. If I am getting the exact same physical cover pictured in the ad, that would mean the previous two buyers will be receiving something different.
If you are able to follow my synopsis of what's transpired, is it safe to assume I will be allowed a return under SNAD if/when the package arrives and the cover is different? I'm guessing if the package arrives with this same vintage 60s/70s cover but the record is somehow a modern 2021 pressing like pre-selected description he opted for states, then I suppose there is technically no NAD infraction and I will have spent $15 for an old cover and a new record...correct?
Thank you!
1786davycrockett
·8 months ago@raymondbitterlick
Short answer: If the seller is in China, skip it.
Longer answer, no matter where the seller is located: Sounds as if this seller is either very inexperienced in creating listings -- or is being very shrewd, in providing photos that conflict with the listing information.
If the latter, the seller may mistakenly believe that they are protected from NAD claims: if a buyer files a NAD complaint based on the photo, the seller may erroneously claim that the item sent correctly matches the item description in the listing.
Which is ridiculous -- sellers rarely can beat the odds against NAD claims.
The bottom line: It's the OP's money. If the OP wants to take a chance on a 50/50 gamble, go for it.
ryry-jj
·8 months agoMy opinion....you did ask....this is one of the pitfalls of buying anything online that you expect to be in a certain condition or the specific article listed...you'll never know until you receive it. Your opinion on whether or not it is as described is subjective to you, you don't have to prove it.
Now for a $15 item, I'm not wasting my time if the item comes as a 2021 reprint to do anything about it. Oh well, I took a chance on a vague listing going in and lost.....but that is just me....
christworks
·8 months ago@raymondbitterlick If you get something you did not buy or in a condition that was not stated, you can file an INAD, no problem.
I would not borrow trouble at this point. You did not say when the other two supposedly sold, but the seller has no feedback. It makes me wonder if it sold, then got cancelled. You have to go to Product Research to see if the sale was actually completed. As a buyer, though, you don't have access to that.
raymondbitterlick
OP8 months agoHello. and thanks--
Yes, the completed history showed me that he had sold the identical listing twice already within the same day. When I messaged him to ask how many used copies of this same record he is selling, he replied that I'd just purchased his last one. Very suspect, and I'm not anticipating anything good to come out of this...
jonathanbrightlight
·8 months agoIt would have been better for you to just pass on the order to save the hassle, with the information you could see, but this is what the eBay Money Back Guarantee is for. If it is not what was pictured when it arrives, open a return request for not as described and follow the steps precisely to make it as easy on yourself as possible.
mtgraves7984
·8 months ago"... is it safe to assume I will be allowed a return under SNAD if/when the package arrives and the cover is different?"
@raymondbitterlick
Short answer: Yes