Discussion in 'Classifieds' started by ranchnman, Apr 6, 2010.
Is the Peterman one the same one that you offered before at $50 and $90?
Yeah, someone informed me it was a steal considering the retail ($500+)
So you welched on the deals you previously had? You offered items for sale. You set the price. Several members on at least two separate tries of yours to sell the same item responded that they were willing to buy, and you didn't follow through.
I completely agree with Carter and the others on the earlier post that this type of activity ought to lead to suspending the user. If a user doesn't follow through to complete a sale, or doesn't pay up on Ebay, they're banned. It's breach of contract.
Not cool. But that's just me.
With respect, the first inquiry backed out. The second gentleman informed me of the grave mistake I was making, and all other potential buyers I told the item was pending. In short, I never sold it and now it's being re-listed.
I had no "contract" with anyone. I may sell to whom I wish. Was I ignorant in listing a quality briefcase for $50 to begin with? Yes, I was. We aren't all perfect. However, I have good feedback with all the people I've dealt with on here. If you want members names for conformation I'd be more than happy to provide them.
Regardless, the briefcase has been listed on ebay. It goes for what it goes for. Whether the auction ends at $50 or $500-- I will sell to the highest bidder.
So... after the second guy warned you off, you told everyone else in the queue that "the item" (I take this to mean the sale?) was pending, even though the first buyer backed out?
Yeah, actually you did have a contract. You offered to sell it at a specified price, someone offered to buy it at that price and then you backed out fo the deal. You welched on the deal that time. You again listed it and had others ready to buy and welched on the deal a second batch of refusals to honor your offer.
But if you have them listed at Ebay - why are you then trying to sell them here as well at the same time? Isn't it a TOS violation at Ebay to list items for sale in more than one venue?
But in any case...it's bad form at the very least.
Legally speaking you're right. An advertisement, even a price list for specific items, is a solicitation for offers, not in and of itself an offer. He did not have an agreement with any poster, so no contract.
Ethically is a wholly different question, and he did flat out lie to the other parties interested the second time, by his own admission. If he had just said "I'm sorry, but the item is no longer on the market", there wouldn't be an ethical issue, other then the price increases, which are quite debatable as an ethical matter. Quite frankly I come down on ranchnman's side on that, he made a mistake and was able to correct it before a binding contract was entered into. I find no fault in that.
I also tend to take a bit more legalistic approach, probably because of my job and the fact that the ethical part is extremely difficult to impose due to people coming from different parts of the world and massively different backgrounds.
I have bought one item from Ranchman, it was reasonably priced and exactly as described, he held his part of the deal perfectly. But then again, I've never had any problems with anyone else here, either.
Items not for sale, let's let this go for now.
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