Dirkitech Posted October 31, 2018 Posted October 31, 2018 This is not just an arb number but one that has stood the test of time. rouxtjie happened upon this number. You too will one day come to understand it's significance - you will. It,s a proven number.In what sense is it proven though? I was well below 1000 posts after all the transactions on my profile and still am.
PygaSchmyga Posted October 31, 2018 Posted October 31, 2018 Actually, it's not his prerogative. Once someone accepts your offer to sell you have an obligation to sell on those agreed terms. There are no backsies in terms of the law. 100% wrong If someone offers you less than your advertised price however, you have the full right to tell them to **** right off, and no agreement is in place as the offeree did not correspond exactly with the offer. Unfortunately it's not worth the legal time and cost to pursue these cases, but it doesn't make the seller any less of a knob.Maybe brush up on your legal knowledge - "DIBS" does not constitute a legal contract, and placement of an add in an online classified or any other for that matter, does not remotely resemble a legal offer. Let me help you: "Advertisements are not considered legally binding offers. ... The store or company placing the ad cannot be said to have made an official offer because advertisements are not directed to specific parties, and they do not contain the other material elements that are generally present in an offer" Or google it for yourself.
PygaSchmyga Posted October 31, 2018 Posted October 31, 2018 From my understanding about house sales offers, this comparison is invalid and irrelevant.If a buyer makes an offer on/below your sales price and the seller agrees, they are legally bound to that price and if someone comes offering the same price with an extra zero on it, its too late. So yeah, this comparison doesn't fit the context of this threadthere is separate and distinct law governing property - not relevant here
Rocket-Boy Posted October 31, 2018 Posted October 31, 2018 WHY HAVEN'T YOU USED CAPS?Because there can only be one Dips!
scotty Posted October 31, 2018 Posted October 31, 2018 IMHO, the price was set by the original ad. It was a dick move to increase it afterwards.Agree and stick with my original comment, NOT COOL. A sale where the seller increases his price when interest is expressed is an Auction if no one bids then you drop the price and if the seller wanted to go this route he should have expressed it.
bertusras Posted October 31, 2018 Posted October 31, 2018 Maybe brush up on your legal knowledge - "DIBS" does not constitute a legal contract, and placement of an add in an online classified or any other for that matter, does not remotely resemble a legal offer. Let me help you: "Advertisements are not considered legally binding offers. ... The store or company placing the ad cannot be said to have made an official offer because advertisements are not directed to specific parties, and they do not contain the other material elements that are generally present in an offer" Or google it for yourself. Perhaps when you use Google, don't pull information based on American law. Instead, let me, help you: In general terms, an agreement is an offer made by one party which is accepted by the other party. An offer is a proposal made, that: - proposes certain terms of performance,- with an intention of it being accepted. Either of the parties can make the offer, i.e. the buyer can offer to buy or the seller can offer to sell .The offer can also either be the result of a long series of negotiations, i.e. about price, quality, delivery method, etc - or be done with basically no negotiations at all, i.e. when one walks into a store to buy a loaf of bread. The offer must: - be a firm offer and not just a mere invitation to do business, and- set out all that is needed for the parties to agree upon to validate a legal contract. As a general rule the offer can also be withdrawn at any given time before acceptance. Where the timeframe that an offer will remain available for acceptance is not specified, the courts will deem it as being open for a reasonable period of time. What a reasonable time constitutes will depend on the particular circumstances of each case. An acceptance is the accent to the terms of performance of the offer that was made. Acceptance of the offer must: - be indicated by offeree (person offered to) to the offeror (person that made the offer),- be definite and unequivocal,- correspond exactly with the terms of the offer,- be communicated by offeree to the offeror, and generally on the terms as laid down,- not have lapsed or been revoked prior to acceptance, and- only be accepted by the person as so intended by the offeror – no one else may accept it. The offer and the acceptance thereof can be made either in writing, verbally or be implied. Without the acceptance of the offer made, no contract will come into existence. Once someone has accepted your offer a contract comes into existence. Unfortunately Admin has removed the screenshot in the first post as per the rules of the forum, but if I recall correctly the OP said that he will purchase what the offeror was selling at the advertised price, thus, contract formed.
fabes Posted October 31, 2018 Posted October 31, 2018 So you don't think he raised any good points at all? Is thehub a buyers paradise where the only way a price can go is down?Having bought and sold on the hub I have found all my encounters to be fair. I think that is what the hub was intended to be. Putting something on sale and raising the price due to high demand is not fair nor ethical. Really don’t know who has pissed in your porridge lately
Patchelicious Posted October 31, 2018 Posted October 31, 2018 I once advertised an old Colnago Super, when I checked my inbox 30mins later and had 10 offers, I knew I had massively under priced it. I was not comfortable selling it then, but I did purely because I wasn’t keen on this type of fallout. It’s actuslly not right.
PygaSchmyga Posted October 31, 2018 Posted October 31, 2018 Perhaps when you use Google, don't pull information based on American law. Instead, let me, help you: Once someone has accepted your offer a contract comes into existence. Unfortunately Admin has removed the screenshot in the first post as per the rules of the forum, but if I recall correctly the OP said that he will purchase what the offeror was selling at the advertised price, thus, contract formed.Nope - you are still wrong - SA law is no different. Let me quote SA case law to clear this up: "The publication of an advertisement offering goods for sale at a stated price is not an offer to all who may read the advertisement but merely an invitation to make offers: Bird v Summerville 1960 4 SA 395(N) 401D. This is referred to as an invitation to treat" There is no "offer" so there can be no "acceptance" - capice?
Sitting@89 Posted October 31, 2018 Posted October 31, 2018 Perhaps when you use Google, don't pull information based on American law. Instead, let me, help you: Once someone has accepted your offer a contract comes into existence. Unfortunately Admin has removed the screenshot in the first post as per the rules of the forum, but if I recall correctly the OP said that he will purchase what the offeror was selling at the advertised price, thus, contract formed.You are wrong, the acceptance of an offer in law is a formally qualified (and materially defined) concept, one most certainly not fulfilled by calling "dibs" legally the advertiser had zero obligation to sell until an agreed upon price had been paid to him AND the goods delivered. Oh and I feel I HAVE to qualify that this is not an opinion but a fact.
greg_sa Posted October 31, 2018 Posted October 31, 2018 In that situation were you also selling that product at about 10% of it's underlying value taking a 12K knock on it? Nope, I had done my homework.
greg_sa Posted October 31, 2018 Posted October 31, 2018 I've been in a similar situation to the seller, and I told buyers offering more money that I already had a buyer, and I stuck to the original price. Thanks, I think ;-)
greg_sa Posted October 31, 2018 Posted October 31, 2018 If you sell your house and someone offers more than the asking price, you would obviously refuse their offer and stick to the original asking price then ???Don't be daft. I would take the offer, unless someone was in the process of accepting the original offer.
Eldron Posted October 31, 2018 Posted October 31, 2018 Having bought and sold on the hub I have found all my encounters to be fair. I think that is what the hub was intended to be. Putting something on sale and raising the price due to high demand is not fair nor ethical. Really don’t know who has pissed in your porridge lately I wasn't aware that porridge pissing was a requirement for reasonable debate... People keep raising "fair and ethical" - is it fair or ethical to scalp someone out of R12,500 on a R14,500 item because they thought there would be low/no demand for their product? If the buyer had actual "fair and ethical" he would have offered the seller more (people are not shy to tell sellers their prices are too high so where is the balance if the price is way too low?). Is paying R2k for a R14,500 item fair and ethical to both parties?
Skubarra Posted October 31, 2018 Posted October 31, 2018 Nope, I had done my homework. So then your situation is not really comparable is it?
greg_sa Posted October 31, 2018 Posted October 31, 2018 So then your situation is not really comparable is it? Depends how far you want to dig into the similarities... Technically NO two situations are 100% comparable, since they aren't the exact same situation
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