Team Associated B44
01-29-2008, 07:15 PM
#16
thanks for NOT responding, glad I didn't do business with you.
01-29-2008, 07:21 PM
#18
I replied to you LAST night and got NO response until after it was sold tonight? I can't hold the buggy just because someone inquired about it otherwise I would have sold 162 PM's ago (seriously that is how many I had). You never said you wanted it for sure so I wasn't sure. I had seven people PM me tonight saying they wanted it however I went all the way dow the list to the third one before I found someone that was seriously interetsed and ready to buy. I am sorry if you don't understand that.
01-29-2008, 07:24 PM
#19
I am sorry I sold it to the guy who paid first. I thought that was how it is supposed to work. I sent you a PM back but got no reponse shortly after that harjo PM'ed me ready to pay. I had to sell it to the first man with the money. I am sorry if that is wrong.
01-29-2008, 08:23 PM
#20
Ok, here is what you ACTUALLY did...
1) You breached our contract.
I know, I know, not everyone is really familiar with contract law. They think some things are required in writing and such. Luckily, the law and UCC doesnt see it that way.
By listing this item for sale in here, you submitted an "Offer to negotiate" for all to see. This wasnt binding on your part to this point.
I took part in your offer and submitted you an offer with specific guidelines and consideration for both parties. This takes the form of a contract proposal. It didnt have to be in writing since the dollar amount was only $400 and the time frame was far less than a year to be completed. But even so, for the uninformed, our PM's do in fact constitute having it in writing for those who don't know any better.
By submission of your PM, you fully accepted my offer. You even gave me guidelines for submission of payment which is proof of your acceptance and the formal solidification of our CONTRACT.
Time is irrelevant, at most its relevance would only apply to what a "reasonable" person would assume. Your acceptance was roughly an hour or so after my offer. You said you had to check with your buddy. Did you expect me to sit at home all night and wait for your answer? I had stuff to do and this was my first chance to respond. I was getting ready to send payment until I saw the " SOLD SOLD SOLD" post in the listing.
So, as we stand now. We have a legally enforceable contract that you have breached.
Were do we go from here? Well, according to UCC, I am full within my rights to go out and purchase another package that matches our previous deal. It just has to be in Like, Kind and Quality to the original package.
But here is where it gets fun. I dont have to be a frugal shopper. I can spend whatever the price is and not spend an ounce of energy or time negotiating price. Why? you ask? Because, based on your breach - you are liable for paying directly to me any additional costs I incurr to become whole again after your breach. If the package cost $700, your on the hook for $300. If I were to litigate you would also be on the hook for my expenses. Obviously, it would be small claims court so you could represent yourself so you would save some attorney fees.
All of this above is the exact reason that at least a survey class on business law should be taught in ALL high schools in the united states. It should be mandnatory to prevent this kind of problem...
btw, he made a deal with me to sell the entire package for $400 shipped. Just thought the lucky buyer would like to know if he over-paid.
1) You breached our contract.
I know, I know, not everyone is really familiar with contract law. They think some things are required in writing and such. Luckily, the law and UCC doesnt see it that way.
By listing this item for sale in here, you submitted an "Offer to negotiate" for all to see. This wasnt binding on your part to this point.
I took part in your offer and submitted you an offer with specific guidelines and consideration for both parties. This takes the form of a contract proposal. It didnt have to be in writing since the dollar amount was only $400 and the time frame was far less than a year to be completed. But even so, for the uninformed, our PM's do in fact constitute having it in writing for those who don't know any better.
By submission of your PM, you fully accepted my offer. You even gave me guidelines for submission of payment which is proof of your acceptance and the formal solidification of our CONTRACT.
Time is irrelevant, at most its relevance would only apply to what a "reasonable" person would assume. Your acceptance was roughly an hour or so after my offer. You said you had to check with your buddy. Did you expect me to sit at home all night and wait for your answer? I had stuff to do and this was my first chance to respond. I was getting ready to send payment until I saw the " SOLD SOLD SOLD" post in the listing.
So, as we stand now. We have a legally enforceable contract that you have breached.
Were do we go from here? Well, according to UCC, I am full within my rights to go out and purchase another package that matches our previous deal. It just has to be in Like, Kind and Quality to the original package.
But here is where it gets fun. I dont have to be a frugal shopper. I can spend whatever the price is and not spend an ounce of energy or time negotiating price. Why? you ask? Because, based on your breach - you are liable for paying directly to me any additional costs I incurr to become whole again after your breach. If the package cost $700, your on the hook for $300. If I were to litigate you would also be on the hook for my expenses. Obviously, it would be small claims court so you could represent yourself so you would save some attorney fees.
All of this above is the exact reason that at least a survey class on business law should be taught in ALL high schools in the united states. It should be mandnatory to prevent this kind of problem...
btw, he made a deal with me to sell the entire package for $400 shipped. Just thought the lucky buyer would like to know if he over-paid.
01-29-2008, 08:36 PM
#21
I have been selling things on forums for many years now and I have great feedback on all of them. I have to say this is the first time that I have someone threaten to sue me in civil court because I didn't hold something that I had for sale eventhough he never told me he would take it for sure.
As I said I sold it to the first SERIOUS guy with the money. That was very hard to find on here believe it or not. I answered over 160 PM's since Sunday night and every one of them wanted it and would "pay right now" but funny enough it took me until Tuesday night to actually get the money from someone. I said all that to say if I would have held the buggy for the first person who made an offer that I accepted I would still have the buggy as he never even responded to my acceptance of the offer Sunday night. I am telling you once and for all I sell to who has the money and ready to BUY not TALK.
"Money TALKS & Bull*hit WALKS"
As I said I sold it to the first SERIOUS guy with the money. That was very hard to find on here believe it or not. I answered over 160 PM's since Sunday night and every one of them wanted it and would "pay right now" but funny enough it took me until Tuesday night to actually get the money from someone. I said all that to say if I would have held the buggy for the first person who made an offer that I accepted I would still have the buggy as he never even responded to my acceptance of the offer Sunday night. I am telling you once and for all I sell to who has the money and ready to BUY not TALK.
"Money TALKS & Bull*hit WALKS"
01-29-2008, 08:38 PM
#22
SOLD SOLD SOLD
This one is for a buddy of mine.
Team Associated B44
NOVAK 5.5R VELOCITY SYSTEM
MAXAMPS 5500mah 7.4v LIPO
1 PAIR FRONT PROLINE PRO-185 HOLESHOTS
1 PAIR REAR TEAM LOSI BK-BARS
TEAM LOSI PINKS ALL AROUND ON BUGGY
SPECTRUM Z590 HI-TORQUE RACE SERVO
SPECTRUM DSM 2.4GHz SR3000Rx RECEIVER (***OPTIONAL**)
ASTRO BLINKY BATTERY BALANCER
1 EACH EXTRA FRONT AND REAR SHOCK TOWERS
1 EXTRA FRONT A-ARM
OTHER MISC. SCREWS AND PARTS
$450 WITH EVERYTHING
$400 NO RECEIVER USPS Money Order or Paypal Only
NO TRADES!! NO TRADES!!
This one is for a buddy of mine.
Team Associated B44
NOVAK 5.5R VELOCITY SYSTEM
MAXAMPS 5500mah 7.4v LIPO
1 PAIR FRONT PROLINE PRO-185 HOLESHOTS
1 PAIR REAR TEAM LOSI BK-BARS
TEAM LOSI PINKS ALL AROUND ON BUGGY
SPECTRUM Z590 HI-TORQUE RACE SERVO
SPECTRUM DSM 2.4GHz SR3000Rx RECEIVER (***OPTIONAL**)
ASTRO BLINKY BATTERY BALANCER
1 EACH EXTRA FRONT AND REAR SHOCK TOWERS
1 EXTRA FRONT A-ARM
OTHER MISC. SCREWS AND PARTS
$450 WITH EVERYTHING
$400 NO RECEIVER USPS Money Order or Paypal Only
NO TRADES!! NO TRADES!!
01-29-2008, 08:42 PM
#24
I have been selling things on forums for many years now and I have great feedback on all of them. I have to say this is the first time that I have someone threaten to sue me in civil court because I didn't hold something that I had for sale eventhough he never told me he would take it for sure.
As I said I sold it to the first SERIOUS guy with the money. That was very hard to find on here believe it or not. I answered over 160 PM's since Sunday night and every one of them wanted it and would "pay right now" but funny enough it took me until Tuesday night to actually get the money from someone. I said all that to say if I would have held the buggy for the first person who made an offer that I accepted I would still have the buggy as he never even responded to my acceptance of the offer Sunday night. I am telling you once and for all I sell to who has the money and ready to BUY not TALK.
"Money TALKS & Bull*hit WALKS"
As I said I sold it to the first SERIOUS guy with the money. That was very hard to find on here believe it or not. I answered over 160 PM's since Sunday night and every one of them wanted it and would "pay right now" but funny enough it took me until Tuesday night to actually get the money from someone. I said all that to say if I would have held the buggy for the first person who made an offer that I accepted I would still have the buggy as he never even responded to my acceptance of the offer Sunday night. I am telling you once and for all I sell to who has the money and ready to BUY not TALK.
"Money TALKS & Bull*hit WALKS"
am I the first one you've entered into a contract with and then proceeded to breach it?
cya tomorrow
01-29-2008, 10:41 PM
#29
wow 400 for all thats sounds kinda of too good to be ture.
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