Buying ethics

[Eugene]

If I were a buyer and I had concluded a deal and the seller was offered a higher amount, I would never force the seller to honour his agreement with me.

 

If the seller can get something extra, I would be a real arse to deny him something extra.

 

I recently bought a bike for my wife, the seller was also offered more. I told him that if he wanted, he could take the higher amount.

 

He told me that his word was his word and he would stick to our agreed price. He gained respect from me for sticking to his agreement and he earned respect for me because I didn't force him into the sale.

[dirtypot]

And I think (but I'm not a lawyer) that a verbal offer and acceptance is a contract

 

It's not.

I've been down this road with my lawyer.  He basically told me to take it on the chin.

[Grebel]

Gotta love buying and selling on thehub - so many stereotypes.

 

The low baller: Regardless of asking price he/she will offer you 40% with a "that's all I can afford" disclaimer.

The pressure low baller: Same as above but adds "I have cash" and "Offer ends tonight".

The ultimate low baller: Will arrange to meet to see item then offer you 50% of asking price whilst flashing cash under your nose.

The info seeker: Will ask around 200 questions then tell you his mate can get it cheaper.

The reverser: Will ask 100 questions then will try and sell you a product similar to the one you're trying to sell.

The dibber: Throws in "DIBS" then disappears off the face of the planet.

The "seller": Will place an advert then never respond to any for of communication.

The cock teaser: Will advertise item only to realise he has lowballed himself then readvertise the same item at 30% more 2 days later (with the same pictures so everyone can start a Friday thread about him/her).

 

The knobshine buyer: He contacts you, asks all the right questions, checks availability, all but hands you the cash and then at the last minute tells you that he needs to check with "the boss" first when she gets home from work if it's OK.....

[Sepia]

The knobshine buyer: He contacts you, asks all the right questions, checks availability, all but hands you the cash and then at the last minute tells you that he needs to check with "the boss" first when she gets home from work if it's OK.....

 

Classic!!!!!

 

The Knobshiner! - post of the day!

[Ryanpmb]

The knobshine buyer: He contacts you, asks all the right questions, checks availability, all but hands you the cash and then at the last minute tells you that he needs to check with "the boss" first when she gets home from work if it's OK.....

 

Let's not forget the reason for the thread... the Auction Buyer: offering more than the item is advertised for in the hope of jumping the queue.

 

As our friend gstar raw.

[scubes]

I have bought and sold many items on here and gumtree. Never had one serious issue. I trust my gut feel and that is key. When the cash is in hand the deal is done. Promises are mere words and I have had a few occasions where the prospective buyer promises to take it, but then goes awol or says his mate gave him one. So it must be first come first served. This can get tricky when for example I rushed across Jhb to buy a bargain 2k mtb and on the way thought to message the guy who told me he just sold it. That wasn't cool of him. People deserve respect at all times unless they behave otherwise and then they deserve the opposite. I sold something recently and the most keen wanted to come in the morning. I told the others to come only in the afternoon. She came and bought the item. I then messaged each of the others and told them sorry it has been sold and they said cool thanks. 

[eddy]

And I think (but I'm not a lawyer) that a verbal offer and acceptance is a contract

It's not.

I've been down this road with my lawyer.  He basically told me to take it on the chin.

Your lawyer did not give you sound legal advice, he gave you sound practical advice.

 

A contract struck verbally is as binding as one reduced to writing, however, depending on circumstances it may be difficult (but perfectly possible) to PROVE your claim. The law of Evidence is distinct from the law of Contract.

 

Hence his advice that it may not be worth your while to pursue it and to rather take it on the chin.

[DIPSLICK]

Your lawyer did not give you sound legal advice, he gave you sound practical advice.

 

A contract struck verbally is as binding as one reduced to writing, however, depending on circumstances it may be difficult (but perfectly possible) to PROVE your claim. The law of Evidence is distinct from the law of Contract.

 

Hence his advice that it may not be worth your while to pursue it and to rather take it on the chin.

TYPICAL LAWYER   ALWAYS AN ANGLE    

[dirtypot]

Hence his advice that it may not be worth your while to pursue it and to rather take it on the chin.

 

True, but a small scale Hub sale would hold the same value as my case.

It becomes a "he said" "she said" battle which is just not worth it.

So I'd stick to what I said in that a verbal agreement is worth nothing.  Unless a deposit has been handed over or an agreement signed, you've got nothing.

[eddy]

True, but a small scale Hub sale would hold the same value as my case.

It becomes a "he said" "she said" battle which is just not worth it.

So I'd stick to what I said in that a verbal agreement is worth nothing.  Unless a deposit has been handed over or an agreement signed, you've got nothing.

I know what you are saying.

 

Samuel Goldwin put it perfectly when he said that a verbal contract is not worth the paper it is written on.

 

But I do look forward to taking someone to the small claims court and demanding he delivers a NOS size 54 Colnago Bi-titanio with full Campag that we had agreed telephonically he would sell to me and I would buy for a precise amount and which he subsequently sold to another person who offered him more.

 

I will demand that he puts me in the position I would have been had he not broken our contract, even if he has to buy the bike back from the other person at five times the amount he had "sold" it to him for.

 

it might teach theHub a lesson........

[dirtypot]

I know what you are saying.

 

Samuel Goldwin put it perfectly when he said that a verbal contract is not worth the paper it is written on.

 

But I do look forward to taking someone to the small claims court and demanding he delivers a NOS size 54 Colnago Bi-titanio with full Campag that we had agreed telephonically he would sell to me and I would buy for a precise amount and which he subsequently sold to another person who offered him more.

 

I will demand that he puts me in the position I would have been had he not broken our contract, even if he has to buy the bike back from the other person at five times the amount he had "sold" it to him for.

 

it might teach theHub a lesson........

 

Do it, do it!! 

[Maniax]

I've bought 90% of my bike parts on the Hub. Some new, some 2nd hand. I only lost one deal, but wasnt the seller's fault. (I posted and pm'ed, but someone else called.) Otherwise, overall I've only had good experiences on the Hub. Partly, I think because I am upfront with the seller and dont waste his/her time.