offer and acceptance

[guard-sniper87]

Re: offer and acceptance

Where does the law stand on a first come first serve basis?, Oh and dibs


something similar has happend to me

I PM'd a member and left a message saying i would take an item,Someone else posted after me saying PM'd.

The seller got back to me and said sorry they are now gone.

30mins later they are back upfor sale and the person who posted ater me posted again saying ill have em.

Common courtesy dictates that they should have offerd them to me,but heyho,thats life.

that's the reason it not covered mate

Saying first dibs etc is not as sturdy as deal, or asking for details, or that would be the same as going to an online shop putting stuff in the basket going to make a cuppa then it times out, you do it again and says out of stock

but it is life and many don't have the brains to read pms bottom up as they arrive first lol

[caffin999]

Re: offer and acceptance

Yeah in common sense mate it should be a widely seen point saying it's a legal contract so only commit to buying

But this is zeroin lol never happens

Asfar as the small claims side caffin, they would just laugh you out because of wasting time over an online private sale which was agreed on set price and info and nothing but a screen printout, the buyer could then say I pulled out as found the item online for half the price, much as we do with aegs etc

So on here no law , but is law saying deal, to be honest mate

If you put no time wasters or blunt replies given , you don't get false buyers I've found out

true it would be hard to prove. But surely internet transactions have been recognised by the courts. Even in this basic form if the pms could be shown to be accurate and reliable and show a clear agreement on both sides to do a deal, surely a contract would be established. Form usually isn't a restricting factor from what I recall.

Unfortunately when I studied contract law last year I don't think we covered the current precedent on forum transaction contracts

[sparrowhawk]

Re: offer and acceptance

Behave in a mature manner??

So because i dont want someones item for whatever reason and pull out i stand at best to get -ive feedback and at worst stand to be dragged infront of the courts?

How mature is that?

i tell you whats mature, not making offers that you have no intention of upholding, if you didnt want it in the first place why did you ask to buy it?

[tisane]

So what happens when it takes the buyer 2+ days to pay up and you loose out on x ammount of sales because of it?

If someone knocks me down and takes days to pay, and another seller comes in with a full price offer i bloody know who im going to sell to.


If i found said item cheaper with another seller im going to take it...simple
I would have the courtesy to send the other party a PM stating why i was pulling out but pull out i would.

[LtPurcy]

Re: offer and acceptance

Trading on this forum half the time doesnt make sense

one minute its "Trde with care" blalabla

but as soon as the words MTP or something appears sudden divine intervention takes place..nevermind the serial scammers etc.

on topic sort of..people shouldnt make deals they cant keep simple..half the time its bad organisation or sometimes it really is unforeseen circumstances

[guard-sniper87]

Re: offer and acceptance

true it would be hard to prove. But surely internet transactions have been recognised by the courts. Even in this basic form if the pms could be shown to be accurate and reliable and show a clear agreement on both sides to do a deal, surely a contract would be established. Form usually isn't a restricting factor from what I recall.

Unfortunately when I studied contract law last year I don't think we covered the current precedent on forum transaction contracts

That's it though if you do take the basic pm conversation, the transcript is only basic

not detailed with the ip address and full names etc etc, it's just to screen names in comms with one another, many people chat to mates saying deal etc
so the courts can't and 95% won't take action against online deals of small matters

But the big matter is we win some we lose some and we all get but fucked atleast once before we wise up

[TS_Welshy]

Re: offer and acceptance

There's something about ermm.. if someone makes a deal to buy something off of you later, but then someone else comes along with an offer to buy and take it away right away, you can choose the person who will take delivery straight away over the original person.

Or something.. that MIGHT only be for mercantile agents though.. not private sales.. *tries to remember lecture*

[Coz]

Re: offer and acceptance

So what happens when it takes the buyer 2+ days to pay up and you loose out on x ammount of sales because of it?

If someone knocks me down and takes days to pay, and another seller comes in with a full price offer i bloody know who im going to sell to.

I totaly agree with this

If im not sure i have the funds to cover their and then i either wont enquire about the item and forget i seen it,or ask if the seller can hold it untill the next day so i make sure the funds are in ,But i will offer a deposit.

[sparrowhawk]

Re: offer and acceptance

So what happens when it takes the buyer 2+ days to pay up and you loose out on x ammount of sales because of it?

If someone knocks me down and takes days to pay, and another seller comes in with a full price offer i bloody know who im going to sell to.


If i found said item cheaper with another seller im going to take it...simple
I would have the courtesy to send the other party a PM stating why i was pulling out but pull out i would.

you need to stipulate that there will be a fixed time constraint on payment, you give them 24 hours to pay,if they do not pay or respond to pms,then they are in breach which means you can do as you please with the item. its all about laying the ground rules first,and communicating them before hand

[Moses]

Re: offer and acceptance

Thing is chaps, it's evident (By the overview of 3/4 of the threads on this whole forum) that we are all VERY different people that are into the same thing, and that is our curse.

Imagine you bought something from someone on here, it turns up and it's not what you're expecting, you scream at the mods to boot the 'offender' and thats the end of it.
Imagine you put a perfectly good product up for sale, someone takes it, you send it off and in a couple of days you get booted from the forum...
Turns out the product was damaged in transit and it was actually nobody's fault, but everybody has lost out. =/

Point is, there are SO many variables with trading in this virtual medium, the only thing to do is meet in person and do the transaction in cash (and take pepper spray).
It's not perfect, but we have to live with it.

Moe

EDIT: It's just occurred to me that all thats happening is that people are trying to put things in boxes again. It'll never work, people like freedom.

[tisane]

Thats it, bottom line is live with it or dont trade full stop.

A guy that pulled out on a trade with me a few days ago because he "broke" the AEG he was about to trade, he pulled out after 2 days of dealing, questions and turned down offers on my part, he then came back to the table 24hrs later saying ok we have a deal, only to pull out again as he broke it before packaging it.
He apologised i accepted it and proceded to contact those i had turned down.
I havent left him any feedback at all let alone started court procedings, as my philosophy is life goes on.

I have to deal with that sort of thing almost everytime i sell on here but i still sell on here, i dont complain i just get on with it.

[guard-sniper87]

Re: offer and acceptance

There's something about ermm.. if someone makes a deal to buy something off of you later, but then someone else comes along with an offer to buy and take it away right away, you can choose the person who will take delivery straight away over the original person.

Or something.. that MIGHT only be for mercantile agents though.. not private sales.. *tries to remember lecture*

Yeah it's called persuasive impulse thought

Shops use it to determin thoughts of hmm put sales up earlier and gain profit before the sale season starts or wait for three days after when all sales are nearing an end

It's the sellers perogotive to close and open deal asap,
aslong as you give the first pm'er a courtasy message saying I'm sorry mate item has been brought as stated needed asap sales

then they can't do a thing, but of not stated asap then it's harsh but fair business to undercut a line to take a transaction from another buyer

perfectly legal,

If not tell that to the stock market as it's the Exact system they use

[tisane]

If i state my intentions to buy i make damn sure i buy, but if 30 seconds after my washing machine starts to smoke and pack up, or a chunk of plane falls through my roof whats my highest priority?
And what right realy has anyone got to tell me i have to buy there AEG before i buy that new washing machine or fix the gaping hole in my roof.

[caffin999]

Re: offer and acceptance

If i state my intentions to buy i make damn sure i buy, but if 30 seconds after my washing machine starts to smoke and pack up whats my highest priority??

pub!

[Crysis]

2 examples I've had in last few days.

I bought an mp5- asked seller to hold it.

To be honest it wouldnt have phased me or surprised me
If he had then gone and sold it if some one had offered in full. I woulda have done the same.

Instead I offered a secure payment £20gifted I believe which in the great scheme
Of things is fine I generally keep money in paypal I use to secure if money is being cleared. Deal went through and I payed in full within 36 hours.

Now so your saying in this example they seller can have me for legal issues?

Put down payment on a gun.
My paypal got hacked and money was taken.
Had to pull out due to unforeseen lack of money until such times I can get it...

Furthermore I've never considered law in this forum ... Apart from paypals rules, the forums rules.
I do things in trust.

I despise the word dibs it means nothing unless they contact me fully with intent then if not... meh.

I feel that for the want of... 20£ throwing law at some one won't help.