So far as I know, this was two individuals, not two businesses. Why provide an example that contains different facts, then state at the end "Change the facts, you change the result."? Why not provide an example of two individuals, or better yet simply enlighten us as to how the law would pertain to this particular case?
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Lisantica
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So far as I know, this was two individuals, not two businesses. Why provide an example that contains different facts, then state at the end "Change the facts, you change the result."? Why not provide an example of two individuals, or better yet simply enlighten us as to how the law would pertain to this particular case?
Thomas it seems to me the goose got his sauce but not his knife. I suppose he could hire you and sue the seller. The for sale by individuals forum is not a Wally World. You can't expect sellers to put thier knives on layaway for you unless you communicate and reach an agreement.
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My take? If I would have made an offer on a knife, got the reply "I'll sell it", and then came back an hour later to find that the knife had been sold to someone else... I would be pissed. Once you say "I'll take it" or "I'll sell it"... that's it. Unless there are some serious circumstances that come up... you take it, or sell it. I think the OP has a right to be pissed, and I like to know about people who do that sort of thing. YMMV.
I try to pay immediately. Have I had to run out the door to take my daughter to daycare before, and had to wait an hour or so to finish up the fine print on a pending deal? Yup. But, once a general deal has been struck, I think you should wait a reasonable amount of time before moving on to another deal. What's reasonable? I guess that's subjective. But, it should be more than a couple hours, I would think.
Think about it like this... if it was reversed, and the buyer would have said "I'll take it" and then when the seller responds an hour later, the buyer says they have already bought another knife. It's the same thing.
Think about it like this... if it was reversed, and the buyer would have said "I'll take it" and then when the seller responds an hour later, the buyer says they have already bought another knife. It's the same thing.
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Under the facts as stated by the OP, there was a valid contract. I guess that's what I meant to convey when I posted:
I don't personally know what happened. Only two people do. I can only read what the two principals posted - here and elsewhere.
The example I gave was to put the "shoe on the other foot." A hypothetical, but materially the same in that there was a clear offer, followed by a clear acceptance of that offer, followed by one party backing out of the deal. In the hypo, the buyer backs out.
As observed, this was only a knife. But the point of this forum, in part, is to educate us on what behavior we might expect from given sellers and buyers.
Everyone will draw their own conclusions.
I have been reminded of the BF "rule" that "There is no deal until both sides are satisfied." The facts presented here are that both sides were satisfied - until one was not. I guess "until" can be a moving target.
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The OP posted elsewhere on BF that he was away from his computer "an hour and a half."
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To me once she said the offer was accepted the OP has a legitimate complaint, just as if he said "I'll take it". The seller said the deal was finalized without giving a payment time frame then sold it out from under the person that she said OK too. Not worthy of a iTrader complaint but certainly IMO worthy of being here, as then perspective buyers can look at how the seller does business and decide for themselves if they want to proceed. Every Busse deal that I have entered into has ended with the seller selling out from under me after telling me that it was mine.
On here our word is our honor and I feel that a buyer has every right to let the public know if they feel that they have been wronged; as I feel the OP has here.
On here our word is our honor and I feel that a buyer has every right to let the public know if they feel that they have been wronged; as I feel the OP has here.
Thomas the last batch of knives I sold I had a guy say he would take a knife and he never paid. Again how long do you wait? She didn't know if he was going to pay or not.
How hard is it to pay immediately or send an email or pm saying it will be just a bit?
How hard is it to pay immediately or send an email or pm saying it will be just a bit?
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If you are "away from" your computer ninety minutes, you know she accepted the offer how? When you get back and find the acceptance. Yes?
And a seller is never "sure" until paid. ["Wait. He said 'yes,' but he may mean 'no,' so I better sell it to someone else." ???]
You wait until the agreed time passes or, lacking agreement on that detail, a "reasonable" time. Is 90 minutes a "reasonable" time to wait before selling to yet another buyer?
Thomas If I say I'll take it I pay immediately or send an email or pm letting the seller know when I will pay. The exchange is full of these folks who want to pay at their leisure and I for one am tired of it. Why are you defending this behavior?
I can see both sides of this. However, if things went down exactly like the op says then I have to side with the seller. The op read the message that the seller sent and never confirmed his intention to buy. If the op would have said something to the effect of " cool, we have a deal, give payment details" then there would be a valid complaint. Poor communication is the issue here. The key idea being that intent was stated but no hard commitment was given.
Peter Hartwig
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My experience with Lisa was great. She is a very nice person and went out of her way for me, as well as selling me a knife at a very reasonable(could say cheap) price-don't think greed plays a part in her life. My impression from reading threads she has posted on, is that she is someome who tries to do what is right. I highly doubt she thought she had a full comitment on this knife.
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wolfmann601
Gone, but not forgotton. RIP Ira.
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Source please? Where does the OP or the seller say he waited after reading the acceptance? How long did he wait? That's not how I read his claimed facts, but I could have missed something you read elsewhere.
Also, how many times does one have to state an offer before it's "confirmed"?
The ball was in the seller's court to accept or reject the OP's offer. She accepted. Then resold. According to the OP this happened in 90 minutes.
grybsh7, I merely have an opinion, based on some experience, that a 90 minute gap between making an offer to buy and payment would not be regarded as "unreasonable" by the typical jury. They would not go in to the analysis either PO'd by being ripped off by low-life buyers OR already impressed with how nice the seller here seems to be. In fact, such folks, nice as they might be, would be eliminated (if honest about their experiences) on the grounds that they could not be objective.
Why do you think reselling 90 minutes after accepting the buyer's offer is OK? (By the way, how long, experienced sellers, does it take PayPal to transfer money into a seller's account? 90 minutes? Less? More?)
Should the OP have waited at his computer to see if the Seller accepted his offer? How long? Would it have been reasonable for him to think his offer was rejected if he did not hear back in 90 minutes?
If he was permitted to leave his computer after sending his offer, how long could he leave?
Unless my reading comprehension skills are grossly failing me, the op had time to read the sellers message prior to "going to practice" and therefore had the opportunity to confirm and secure the sell. I went back to the ops post and reread it, l figured I could have missed something. After reading it again I still stand with the same opinion.
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