Emporium guys: no need to be rude...

Discussion in 'The Sound Hound Lounge' started by james..., Mar 1, 2019.

  1. Rufus

    Rufus Member

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    As a practical matter, that is true, and sellers should treat it as such. But legally, I don't think that is accurate. If you tell me you will buy my item for the asking price and I say I accept, that's a contract. Your payment is your performance of your part of the contract, not the act that creates the contract in the first instance. Again, practically speaking, I don't have any realistic recourse if you then back out, but in theory if I really cared about it enough I could hold you to it. And if I as the seller backed out, you could do the same.
     
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  2. FiestaRed

    FiestaRed Member

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    Did you message the seller back and tell them you were no longer interested in buying it?
     
  3. Rufus

    Rufus Member

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    I agree the language counts, and some more clearly manifests intent than others. And, it has been decades since I studied contracts. But, my recollection is that if I advertise an item for sale at a certain price and you say "I'll take it," that is an offer. If I say "deal," that is a contract. Granted, if you say "I'm interested" or "I'd like to buy," that is probably not an offer.
     
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  4. Devin

    Devin Low Voltage Supporting Member

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    hey look, I got it. I was pretty naive and I guess I still am. My first name is my username and my location is listed... I had done previous sales. It was not a rule at the time it was just warned against. I apologize to Elon Musk. I owe him at least $20 in fees.
     
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  5. John Hurtt

    John Hurtt Silver Supporting Member

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    Why would you contact a seller and say you "wanted to buy" something unless you had the expectation he was holding it for you?
     
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  6. John Hurtt

    John Hurtt Silver Supporting Member

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    I don't see where you did anything out of line here. You were clear in both cases what was going on. I'd be happy to do business with you.
     
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  7. Duffy Pratt

    Duffy Pratt Member

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    Errors on both sides of this. Money doesn’t have to hit the table for a contract to be formed. Nor does “I want to buy your guitar” suffice to make a binding contract.

    The contract is made when one party makes an offer and the other party accepts the offer. The terms of the offer have to be clear. That’s pretty much it, so long as the offer involves both parties giving up something of value. There are lots of contracts made where the payment terms are delayed.
     
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  8. Jon Silberman

    Jon Silberman 10Q Jerry & Dickey Gold Supporting Member

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    You guys with Two Rock amps - I'd like to buy your amps.

    In fact, though, I won't because I can't afford them.

    I hope no one got bent out of shape from my first sentence.

    Point made! :)
     
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  9. Papanate

    Papanate Gold Supporting Member

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    While I think you are right that rudeness is not called for - I do think
    you are 100% wrong. In a business deal your word is worth more than
    the money - so when you said Yes I'll buy that - it means you are going
    to buy it - not skip out because some other dude offered you a similar item
    for $50 less. That's not only rude - but completely uncouth and says your
    principles are for sale.
     
  10. el capitan

    el capitan Member

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    He was ready to buy. Another seller of same item got back to him sooner with a better price. Seller 2 closed the deal.

    OP did nothing wrong.
     
    Last edited: Mar 1, 2019
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  11. FiestaRed

    FiestaRed Member

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    Not really

    A flippant comment made in a thread is an altogether different thing than one made in actual negotiations to buy an item.
     
  12. Page of Cups

    Page of Cups Member

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    The more expensive things are, the more likely it might take more time to gather funds. Parties involved can still benefit from not just communication but even commitment prior to funds being completely gathered on the table. The most expensive item I ever purchased was sealed in commitment two weeks before I had a check to hand over. Yes, that was my house. This is an uncannily timely thread as I'm currently awaiting transfer of funds into my checking account that I may purchase a current item in the Emporium. I checked my account a few minutes ago to see if the transfer had cleared and the funds were available. Nope, not yet, maybe in the morning, maybe ...by Tuesday. I've haven't yet communicated with the seller. I typically do quick deals with cash in hand, but I'm reminded here that the seller and I would probably both benefit from my communicating now and not waiting til Tuesday, maybe even sealing the deal tonight!
     
    Last edited: Mar 1, 2019
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  13. AaeCee

    AaeCee Member

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    I agree. The latter could easily be construed as a commitment, while the former is a more accurate portrayal of one's level of interest.

    "I'll take it" however, is definitely a commitment.
     
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  14. AaeCee

    AaeCee Member

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    Have to admit ... I never knew this was actually a word, and here I am, a guy who fancies himself as a bit of a wordsmith!

    You darned lawyers ... ;)
     
  15. nichd

    nichd Supporting Member

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    I don't mind if someone backs out... imho it saves us both a lot of headache. Matter of fact, I am known for talking folks out of a deal if I don't feel its a good fit.
     
    Last edited: Mar 2, 2019
  16. Alec the Viking

    Alec the Viking Supporting Member

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    In the world of business, money talks... how many people off craigslist would I still be waiting for if that weren't true. *fingers crossed they'll finally show up!*
     
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  17. PRW

    PRW Member

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    Absolutely agree with you. People should communicate, not assume.
     
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  18. DRS

    DRS Member

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    Money talks
    Bullsh*t walks
     
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  19. OaklandA

    OaklandA Silver Supporting Member

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    Be nice to think that TGP operates on a higher standard than Craigslist. One thing I have as a result of this thread - a short list of people who I know in advance do not keep their word.
     
  20. soundchaser59

    soundchaser59 Silver Supporting Member

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    Sorry, but that sounds like your malfunction, not his.
    This sounds right. All the messages in the world don't matter until the money hits my pocket. First paid gets it, until then it's for sale.
     
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