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NoPhear · July 6th, 06:52 PM

yeah that would be cool and then sticky it

**Roobvandam** · July 6th, 07:06 PM

Quote:

Originally Posted by dav

thats someones gun in the rate my gun forum..could someone be lying?

Yeah.

hey its not that bad of an idea but its not very nice

**Impy28190** · July 6th, 07:10 PM

well in both of these it says your are bidding on the picture, any idiot who bids deserves it.

**DYNASTYfan07** · July 6th, 11:24 PM

wait....thats someones marker on this fourm!!!

WHO IS IT??!?!?!

**IMPULSEMAN101** · July 6th, 11:39 PM

Say what..

**Master of Paint** · July 6th, 11:50 PM

Dude, what a jerk you are.

Quote:

Originally Posted by t33kyboy

And i take all the blame for this, it WAS intended to trick people... why would i sell a picture?
Yes i did clearly state that it was a picture and no the gun itself, but i did it in a manner that is not noticable... the bidders should not be accused for not reading what their bidding on, i am the only one to blame.

You're like five years old - get a life.

**Master of Paint** · July 6th, 11:52 PM

Quote:

Originally Posted by DYNASTYfan07

wait....thats someones marker on this fourm!!!

WHO IS IT??!?!?!

t33kyboy...look back

**Shytkicker** · July 7th, 12:39 AM

If you wanted to make it more credible as an auction item, just print out a gloss photo of the picture and send them THAT. That way, it's clearly an item for sale. I mean, nobody ever buys a picture of a famous celebrity and complains that they didn't recieve J-Lo in the mail.

A clever scam. Dishonest, but if people can't read before their bidding fingers get twitchy, and they actually get to a point where they send a check, money order, or a credit card number, there's not a whole lot to say in their defense.

Though I wouldn't do it personally.

**t33kyboy** · July 7th, 01:19 AM

the auction has been cancled. and again, it was a.. sort of parody of this auction .

**No one was hurt in the making of this auction.**

**DYNASTYfan07** · July 7th, 01:26 AM

Quote:

Originally Posted by Master of Paint

t33kyboy...look back

yea i see it now

**t33kyboy** · July 7th, 01:27 AM

and for some reason, this has made people to beleive that i do not have the gun and i just steal pictures on the internet. Well, if you have yahoo messenger, i'll be happy to show your it on my webcam.

**Javaman** · July 7th, 07:41 AM

Sweet! Thanks for the link. You just saved me $0.99!

Quote:

Originally Posted by Dante's Inferno

http://www.paintballforum.com/forum/...ad.php?t=72971

Shenanigans!

**TheConMan41** · July 7th, 01:29 PM

my friend Ian did that with a DM4.... only he started the bidding at 700 and people acutally bid on it.... it got up to like 1300

**Shazbot** · July 7th, 01:44 PM

did it sell?

**Javaman** · July 7th, 02:45 PM

Leaving something that identical to an actual item is being really dishonest. Yes it does say picture, but the rest of the auction is designed to make someone believe it is real. More proof that the world is full of A-Hs. The fact that the guy has such good feedback is rather odd, especially since someone who got ripped by him left positive feedback?!?

**jvandyke** · July 8th, 12:04 AM

Quote:

Originally Posted by fishface313

can you get in trouble for doing **** like this? like can someone report you to ebay or police or something?

Nope. A person has a duty to read any contract they enter into and both the item header and description clearly indicated that the item was a picture. There is nothing illegal about selling a picture so long as the exchange is bargained for, there is mutual assent consideration is paid, and the contract isn't voidable for some other reason (incapacity, undue influence, unconscionability, etc).

**jvandyke** · July 8th, 12:34 AM

I have re-reviewed this and in my opinion as a first year law student, there is nothing wrong with this eBay listing. Here is my analysis of this listing (and since I have a Contracts final on the 13th, it should be a good one).

The title of the item is "Custom Autococker w/ Eblade Picture! No Reserve!"

The key to analyzing the item description is the punctuation involved. If there had been punctuation between the words "eblade" and "picture" a person could get out of this contract possibly on a misrepresentation defense. However, the lack of any such punctuation indicates that the item being offered is, in fact, a picture and not a paintball gun.

The next thing to look at here is the item description. The description reads:

"Fully customized Ripper cocker"

This use is customary in describing a gun such as the one pictured and a reasonable person in the paintball industry could certainly described the pictured gun as a "fully customized ripper autococker". The only warranty here is that the gun pictured is truly an autococker and not some other gun. There appear to be no problems here.

" Ripper body kit ($400 alone, Shocktech bolt, Freak barrel w/ 12" AA front, Dye rocket LPR, Dye rocket ram, Black magic reg, Twisted cocking rod, Worrblade, Freeflow internals, Custom ano done by MaxAnodizing."

This section contains a number of express warranties by the seller. The seller is giving the buyer an express warranty that the item is a picture of a gun containing particular parts. He is also making an express warranty that some of the artwork on the gun was done by a particular artist and not another party capable of similar artwork. There are no problems here so long as these are true statements. If they are not true statements, the buyer of this item could sue the seller for breach of an express warranty.

"Note: You are bidding on a picture of this cocker, no marker. This is one of the sexiest markers I have ever owned, now I let you share the experience."

The inclusion in the item description of the fact that a person is bidding on a picture of the gun rather than the gun itself makes for a nearly air-tight defense against misrepresentation of the item. The description could not be more clear about the fact that the winning bidder will not receive the marker itself. This of course assumes that the words "cocker" and "marker" are in reference to the same thing. We look to usage of trade as well as the context of this auction and we find that they are. The statement that this is one of the sexiest markers he has ever owned could be considered "mere puffery" by the court, however, I would argue that it constitutes an express warranty that the gun pictured actually belongs to or at one time did belong to the seller. Since the language of the description mentions the words "fully customized", this suggests a unique item and the UCC (Uniform Commercial Code) would probably not allow for him to own or have owned a "substantially similar" item - it would have to be the exact item pictured.

"Auction winner will be emailed the picture of the gun."

This is an express condition about the delivery of the good and there appears to be nothing wrong with it under the UCC. However, I might raise the issue that the format of the picture is a material term of the contract making the term "picture" an ambiguous term. If I were a buyer, I would want clarification of the term picture to include size, format, and resolution. This would clear ambiguity as to what would constitute an acceptable or unacceptable picture of the item and prevent the seller from sending me a JPG when I can only read a GIF. Since the picture on the ebay site is in color, there is an implied warranty that the picture I would receive is in color rather than black and white (based on the doctrine of samples under the UCC).

The shipping and payment details section of this auction is extremely important:

"Check item description and payment instructions or contact seller for details.
Will ship worldwide."

These are express conditions of the agreement; that one party has read the agreement and that the seller agrees to ship worldwide.

"Seller's payment instructions & return policy:
I accept payments only by PAYPAL. Payments are expected immediately. Fast Payment = Fast Shipping."

This is very important because the UCC has some very explicit provisions for the sale of goods between a merchant and a consumer (I am not going to explain here why the seller would be considered a merchant under the UCC). This specifies a method of acceptable tender of consideration (payment) and at least implies that shipping will be made within a reasonable period of time after payment is received. The seller would be, at the very least, required to act in good faith.

"Item sold as is and auction is final."

This is the most important part of the description; the dreaded "as is" clause. This section of the agreement indicated not only that the transaction is final, but also,that the item is sold "as is". The importance of an "as is" clause in a contract is that it defeats some of the various warranties I mentioned above. The only warranty that would not be defeated would be the implied warranty of merchantability, since the disclaimer of warranty does not explicitly mention the word "merchantability". This means that the picture must be suitable for its intended use, and that is all (it would prohibit the seller sending a poor quality picture where the marker cannot be clearly seen or a picture that does not conform to the sample). However, the express warranties may not be defeated (okay, so I am not done studying yet)

The final section of my analysis: the category. If the seller put this item in a "sports equipment" section of eBay; there is more likely to be a misrepresentation defense. However, if in the "sports memorbilia" or a general section for paintball related items there would be no problem.

Now, I guess the only thing more ridiculous than that listing is my taking the time to write a detailed analysis of it at 1:33 in the morning.

Conclusion: Don't go to law school unless you really want to learn stuff like what I just wrote about.

**Javaman** · July 8th, 07:21 AM

Thanks for the in-depth analysis. It was quite an interesting read.

**NoDoz** · July 8th, 01:05 PM

That's a pretty good Write-up! Now i know why lawyers make so much money. Lol.

Why don't you write a Description for the same auction in a way that there could NOT be a misrepresentation claim. While still being mildly misleading. That would be interesting to me.

Doz

**jvandyke** · July 8th, 07:46 PM

Quote:

Originally Posted by NoDoz

That's a pretty good Write-up! Now i know why lawyers make so much money.