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Old 10-31-2005, 11:22 PM   #1
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Default Not sure where this goes, but take a look you might learn something

I have a question. When you make a trade for something, or buy it, When does it become yours?

I have a serious problem with buying items that I think I want/need from this site, the other sites or trackside.

I may get it home and decide well, I really don't care too much for it. I may decide that I just want to sell it. Or, not that it has happened, what if I got such a good deal I decide to trade it off for something better? As soon as I put it up for sale/trade the person who has my money in their pocket, or item for that matter, begins to ask me what was I thinking, How could I sell his/her item after they traded/sold it to me.


So I ask. What do you think? If a fair deal (trade/purchase/etc.) goes down, both sides were happy, is there a time limit before you can turn over the item?

Is there some sort of "ownership" that goes into an item you can never let go of? If yes to this one, why do I have it and you did not keep it?

I see both sides somewhat, but to me the bottom line is, it is not yours, its mine now!
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Old 10-31-2005, 11:28 PM   #2
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If the person you originally had bought it from is satisfied with the price they got, I don't see what right they have to "complain." But if you are just buying stuff for "speculating" - buying it only with the intent to resell it for higher, then I would be somewhat pissed as a seller. Because, here you are, giving someone a good deal, only to see them take advantage of it. Nothing legally wrong, but it's the principle.
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Old 10-31-2005, 11:35 PM   #3
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If I did that, I would not run the cars, buy tires etc.

I see your point, but the deal is done, both sides happy, I could care less what someone does with what I traded. It is no longer mine?

There is one deal in particular I did on these boards that the person knew I was not interested in trading, but I thought someone local could use it. I did the deal and let the person know upfront.

I would never try to take advantage, I know some will try, I just wanted to know based on the "principle" you describe, when is something yours?
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Old 10-31-2005, 11:43 PM   #4
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To me, it really becomes yours when in any way you earn (pay for) it and put it into practical use. Hope this makes sense
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Old 11-01-2005, 12:06 AM   #5
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I had a situation like this and here are my thoughts.

I was having a hard time deciding which touring car to get so I got a JRX-S on a whim. I built it and then decided that it wasn't for me so I posted it for sale on here. I posted it for $X shipped and pretty soon a guy offered me $Y dollars shipped to Canada which was a fair bit under my asking price. He then went on to say how much he wanted the car, and his wife would only let him spend $Y, blah, blah. As he was on here I took him to be an RC enthusiast so I sold it to him for $Y thinking I had done a good thing and he would enjoy it. Well you may have guessed not long after I see it on here for sale for more than my original asking price with nothing added and having never been used. I was immediately ticked and posted on his thread what he paid for it.

Anyway, I feel I gave him a good deal because this forum is not eBay it is a gathering of RC Car fans. I would rather sell to someone on here because I know they, like me, can get a hit hard in the wallet playing in this expensive hobby.
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Old 11-01-2005, 12:19 AM   #6
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This is the way I see it. If I give you a present, that's it, it's yours to do as you please. Sell it, toss it, give it away, break it, it's yours PERIOD
Now if I will ever give you something again, well, that's a different story.

A transaction is a transaction. you exchange something for something else. At the moment you take possession it's yours. Provided of course you don't mislead each other as far as condition of the articles being swapped, etc etc.
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Old 11-01-2005, 12:53 AM   #7
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No good deed goes un-punished.
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Old 11-01-2005, 03:29 AM   #8
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having taken business law for my biz admin degree, i can actually answer the original question of when it becomes yours.

scenario 1. you put your item up for sale. at this point the contract is open to the first person which meets the terms of your contract offer (sale price, payment type, method, receipt of payment by, etc.). unless the contract offer stipulates otherwise, when the purchaser commits the funds, i.e. mails a check, paypals, etc, then they have meet their portion of the contract and you must meet yours (at that point they own it).

scenario 2. someone makes you an offer for your merchandise which you have NOT put up for sale. after some haggling, you both reach a verbal agreement. at this time there would be a something-proforma contract (i don't remember the exact term, but basically it means both parties have to perform specific tasks for the contract to be binding). until both sides have acted, each side can void the contract. however if the seller gets a better offer and decides not to sell, and the bidder has already meet their portion of the agreement (sent funds), then the bidder is entitled to damage for any portion above THEIR purchase price of the merchandise that the seller gets from selling at the higher price.

it should be noted that most every point listed above is subject to the terms of sale (written stuff).
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Old 11-01-2005, 06:25 AM   #9
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I am sorry, but if you sell something on the forums for well below the going rate, and I buy it with the intention of reselling it, surely that is your misfortune for not researching the price more.

Now if you chose to misrepresent your intentions, as in Jamescam's case, thats a different story.

If a servo that goes for $80 all day and night, is put up for $40, I am going to buy it and ebay it. Simple economics. Both parties are happy.
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Old 11-01-2005, 07:33 AM   #10
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This has happened twice over the last summer/fall.

first I bought a car that had bent turnbuckle,broken parts etc. I fixed it, removed parts back down to stock and sold it for a little more than I paid (30.00) to cover the parts I replaced. Previous owner said he gave me a deal? I paid what he posted on the site, not asking for anything off.

Second a trade happened where for three days we each talked about was it fair. There was no cash exchanged. In the course of the past month, I had a car accident which I had to pay for (first at fault in over 15 years of driving), and other financial reasons I don't need to discuss here occured. Bottom line I did not want to sell, I have to sell. I get S**t from the person saying they never would have traded if I was not going to keep it.

Let it be known by all I never keep cars longer than a few months, even if it is to buy the same car again, I always keep my cars rotating. If this one went a little sooner than a few months, I had a really good reason.

Thanks for tuning in, this has been Aaron's Soapbox, tune in next time to see if Aaron will ever understand human nature.
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Old 11-01-2005, 09:12 AM   #11
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I can attest to Aaron switching cars every few months... I can also attest to Aaron being a great buyer/seller/trader and NOT out to get over on anyone.

Aaron - I wouldn't think twice over this situation. Gee-Dub is right on target, however, in your case no money was exchanged. But two items of value were, which both parties agreed to trade for. Once both ends of the agreement were upheld, I'm under the opinion your free to sell for a million bucks if you'd like to try. Only issue I could possibly see is if you had a binding agreement to hold onto the item that you obtained and there was some kind of clause which would not allow you to sell the item....which would be ridiculous. Who in their right mind would agree to terms like that?!?!

Last edited by Doug D; 11-01-2005 at 12:19 PM.
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Old 11-01-2005, 09:15 AM   #12
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Once you buy an item, recieve it and have paid for it, it's yours to do with what you wish. You can sell it, use it, or blow it up on the fourth of July. One thing people don't really like to see though is someone working the market, so if your buying up all the ultra-cheap deals and then putting them up on e-bay for a profit that is technically ethical in our capitalist society, but kind of lame to see happen.

Another thing that irks people is when you see something up for sale here, then a local guy buys it and puts it up for sale locally. Personally I don't care, but if you bought something and realized you didn't want it, sell it. I've done it a number of times.

If you sell something and get talked down, and then someone sells it for higher well that's just your dumb luck for letting yourself being talked down below market value on something. Sell smart, buy smart.
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Old 11-01-2005, 09:26 AM   #13
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The funny thing about these situations, it only seems to be an issue when the other party makes money!

Hypothetically, what if Aaron smashed the RC car once he got it. I bet it would be a non-issue, and the other party would just say, "Oh well!"

I'll never forget when I sold my motorcycle, new Yamaha R6 w/ 550 miles on it. Guy comes down to pick it up and pays me cash. I turned the bike over to him and than he and his buddy drop it on the ground while trying to load it into his pick-up truck. Ruins the whole right fairing with other damage. While I was disappointed to see my former bike mangled, I was also relieved to have the cash in my hand
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Old 11-01-2005, 09:34 AM   #14
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Thanks. I just did not be the only one feeling like this. I just never put much thought into the cars. I like to use them for a while and then move on...

Try that with a woman...and well....not so lucky.
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Old 11-01-2005, 12:46 PM   #15
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The legal question is easy to answer, unfortunately there is no right or wrong answer to the moral question. In my situation it ticked me off but I knew the guy had every right to do it, I may not like it but he has that right. Now I do have the right to express my displeasure which I did by posting how much he paid for it in his for sale ad. It didn't solve anything but it made me feel better.
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