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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I found an old comic book in a chest in my attic. I went on

Customer Question

I found an old comic book in a chest in my attic. I went on line ( Internet) to Comicbook.com who stated that they would evaluate and possibly buy issues of interest. I sent to them my list and they replied that they were interested in one item ( HULK first edition) and would offer me $3,250 for it. All I had to do was agree and provide my PayPal account. I, not knowing the value of the book, agree and provided the information. They sent $3,250 to the account.
Subsequent to the transaction, I went to a comic book store in area that deal with comics and the owner advised the book was worth much more and he would offer me $4,200 on the spot. I contacted the ComicBook.com and advised that I did not want to sell it to them. They replied that a deal was a deal and if I did not send the book they would take legal action against me in the State of Maine ( I live in VA).
I of course would like to get out of the deal.
1. I reviewing the payment, I noted that although the Comic Boo
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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It looks like part of your last comments were cut off. If you can repost them, then I will be able to provide an answer.

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thanks

Barrister

Customer: replied 1 year ago.
Review the deal I noted that Comic book sent $3,250 to the Paypal but Paypal took out $180 in fees so I did not get the full $3,250. In the "meeting of the minds" I fully expected to get $3,250 as promised. Since I did not is this a reason to declare the deal "null and void" and then return their funds. Two. Since Comic Book should have "superior knowledge" is this an issue since I later found out the book was worth much more. Three. what is my potential liability if sued in Maine as I live in VA
Customer: replied 1 year ago.
Are you answering this?
Expert:  Barrister replied 1 year ago.

Ok, sorry for the delay.. If there was an agreement for the sale of the comic book and the buyer tendered the amount that you agreed on, then they would have performed under the contract and you would be obligated to deliver the comic to them. The fact that you could have gotten more somewhere else doesn't give you a legal ground to avoid the contract. That is something that would have needed to have been investigated prior to agreeing on a deal with the buyer. Further, if Paypal charged you fees on the transaction, that wouldn't affect the deal either if the buyer wired the $3250 into your account. Anything Paypal charged you is between you and them.

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Deals are done every day where one side has better information than the other side and they are completely legally enforceable. Car sales for example. Some people get skinned, and others get a deal close to cost. There is nothing illegal about either sale. So here, the fact that they had better knowledge about the value of the comic wouldn't give you grounds to terminate.

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Now, with regard to any lawsuit, if you have refunded their money, then it is extremely unlikely that they will bother to sue you for breach because they will have to sue you in VA where you live in order to get personal jurisdiction over you. So traveling to sue you in VA for $1,000 or so likely isn't going to happen.

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So the bot***** *****ne is that although you are in breach, if you have returned their money, I highly doubt that they will come to VA to sue you over around $1,000.

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thanks

Barrister

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