W2W smelly advert

[Eldron]

Didnt you complain about "what if" on another thread?

 

My bad - that whole post should have been on comic sans.

[PygaSchmyga]

Turns out you learn something new each day. My mistake.

 

there's actually a better case in SA law that deals with this, but the quote is a bit longer.  If you are interested, it reads as follows:

 

In the case of Crawley v Rex a shopkeeper advertised on a placard outside his shop a particular brand of tobacco at a cheap price to attract the public. A customer who refused to leave the premises when the shopkeeper declined to sell more of the tobacco to him on a second occasion was charged with trespass. In his defence, the customer claimed he was entitled to be in the shop as he was accepting the shopkeeper’s offer. The court held that no contract had arisen because the advertisement did not constitute a binding offer that the customer could accept but was merely an announcement of the shopkeeper’s intention to sell at the advertised price. In arriving at this conclusion, Smith J made the following observation: 

"The mere fact that a tradesman advertises the price at which he sells goods does not appear to me to be an offer to any member of the public to enter into the shop and purchase goods, nor do I think that a contract is constituted when any member of the public comes in and tenders the price mentioned in the advertisement. It would lead to extraordinary results if that were the correct view of the case. Because then, supposing a shopkeeper were sold out of a particular class of goods, thousands of members of the public might crowd into the shop and demand to be served, and each one would have a right of action against the proprietor for not performing his contract".

[fabes]

My bad - that whole post should have been on comic sans.

That comic sans is a nice go to when you have 2 opinions on the same issue

[Eldron]

That comic sans is a nice go to when you have 2 opinions on the same issue

Damn - who pissed in your porridge?

[Andrew Steer]

We're all fully entitled to our opinions - everyone is different... for me, very simply, it's just not the way I was raised, and it's never the way I will do business. 

 

I sold a wheel on here a couple months back, I accepted an offer slightly lower than my asking price shortly after I posted it. I was then offered my asking price a minute later by another buyer, but declined, then 20% more which I declined, and eventually double my asking price from two separate people, but I declined. I had obviously advertised it too low, but I took it as school fees, honored my original deal and life went on.

 

You can always sell your name for a few bucks, but it will never be worth it.

 

As for the original seller, if you're happy enough to take a R11k loss on a race entry on a whim - then surely you can afford to take a R1k hit and at least keep your rep intact. This isn't about price or value, this is about honoring agreements. If your word is worth nothing, then so are you in my book.

My 2 cents

[BaGearA]

its a stage race entry ....get over it 

[daniemare]

We're all fully entitled to our opinions - everyone is different... for me, very simply, it's just not the way I was raised, and it's never the way I will do business. 

 

I sold a wheel on here a couple months back, I accepted an offer slightly lower than my asking price shortly after I posted it. I was then offered my asking price a minute later by another buyer, but declined, then 20% more which I declined, and eventually double my asking price from two separate people, but I declined. I had obviously advertised it too low, but I took it as school fees, honored my original deal and life went on.

 

You can always sell your name for a few bucks, but it will never be worth it.

 

As for the original seller, if you're happy enough to take a R11k loss on a race entry on a whim - then surely you can afford to take a R1k hit and at least keep your rep intact. This isn't about price or value, this is about honoring agreements. If your word is worth nothing, then so are you in my book.

 

My 2 cents

 

Key difference I see here is that you ACCEPTED the slightly lower offer.  Nowhere did the OP said that his offer was ACCEPTED.  That is different and the assumption that most who see no problem here are working under. No one here justified reneging on a contract.

 

But one has to love how contract law principles is quoted by so many (me included) in defense of their positions, when most of the sellers and buyers here trade under aliases.  

 

So, where one cannot even positively identify the counter parties during the initial stages of the potential transactions it lays the foundation for such a solid contract, so water tight, that you will be called a D@@S and a D!CK if you so much as try and change your mind. (I am off course not talking about the more serious discussions and contract conclusions that happen less anonymously through PM) 

 

From what some obvious experts have stated, listing an item is an advertisement and must be seen as a invitation of offers by prospective buyers.  Effectively, the purchaser thus makes the offer, and thus the seller is open to accept the offer that is best for him (which, if he is fortunate, might be more than his advertisement).  Yes the CPA changed this case law, but 2 things here

1. Most on here will not fall within the ambit of the CPA (thus back to common and case law)
2. Even the CPA allows for not being forced to sell something at a low price is there was an obvious error (which one can argue when you think of someone listing an item at 10% of the market price)

So, people here might feel aggrieved at what the seller did, and as a community this may as well lay the foundation of what is "acceptable" behaviour and will be grounds for calling  the seller or his actions names, but he did nothing wrong by accepting higher offers

[NotSoBigBen]

This thread has at least highlighted to me a few people I would not buy from that's for sure no matter what the case ....

[Skubarra]

This thread has at least highlighted to me a few people I would not buy from that's for sure no matter what the case ....

 

I don't know, for a 90% discount on the market price some hubbers might make an exception or 2

[Patchelicious]

I don't know, for a 90% discount on the market price some hubbers might make an exception or 2

Just like massively “underpriced” bicycles, I think some Hubbers put their morals on the IDT when “too good to be true” deals come along.

[Eldron]

Jocklaw offers a W2W shiraz entry for R2000 and after you dibs it he start pushing it...pretending you were not the first one!

Let's wrap this up...

 

Did you buy it and if so - how much did you pay?

[SwissVan]

IMHO, the price was set by the original ad.

 

It was a dick move to increase it afterwards.

Exactly

Simple concept, unless the seller stated a starting price, which apparently he didn’t.

 

What’s really baffling is how many +1000 posters don’t seem to understand this..... maybe we should ask Routxjie to come back and revise it?

[fabes]

This thread has at least highlighted to me a few people I would not buy from that's for sure no matter what the case ....

100%

[Wannabe]

its a stage race entry ....get over it 

 

To a fairly crappy race, if all the race reports are to be believed.     

[CAAD4]

Crappy weather for sure. I guess I got lucky a few years ago, just like August this year. Means I'll have to avoid both for another few years before I gamble on the bloody Cape weather again. "Do you feel lucky Punk?"

[scotty]

This thread has at least highlighted to me a few people I would not buy from that's for sure no matter what the case ....

Ditto, must add to my list. I don't deal a lot with buying and selling on the Hub but have a list of do's and dont's. Stuff the minimum 1000 post or what ever it is. I only deal local in person so that I can see the goods or the money. If I think asking price is fair I do not haggle. If selling I ask a fair price but am open unless the offer is ridiculous.