purchase agreements and reneging

makepeace

I've been in contact with someone selling something on gumtree recently. There has been a bit of back and forth; interest was expressed, offer was made below asking price, I was informed of another parties interest, offer was made above asking price, and an e-mail agreement on sale was made last night. This morning the guy e-mails me and says someone came to look at the something this morning, offered what I offered the second time around, and the seller took the deal on the spot. I am $#*&ed off to an extent that you cannot believe. The guy did not even give me the chance to respond to the other party's meeting of my offer! The funny thing is, the other party is probably a member on this forum.

I realize that there's probably nothing I can do, right?

I've heard of things like this happening before, can't believe its just happened to me. I'm seething! Anyone else have any other experiences like this? What rights does a buyer have in these kinds of situations?

AlanRatcliffe

It happens, and a buyer standing in front of him with cash in hand is always a more attractive option to the seller - bird in the hand and all that (and no packing/shipping hassles). Consider that if it were you that pipped the other guy to the post, you would be happy with the deal.

What was it?

FruitarGeek

It is somewhat unethical, especially if you guys where in the process of concluding a sale.

This may be unnecessary, and over board, but allow me to flex my legal muscle:

1. Did you actually conclude the sale? I.e. Yes I will buy this much, on this date, for your product?
2. Did he promise he'd keep it available for you for whatever period of time?

teleplayer

I had the same thing a while ago. I called the guy who was selling the gear, arranged a price and whatnot. The guy said that he was going to ship it the next week (i called him on Friday) and when I called again on Monday (as agreed) he told me that someone had 'beat me to it'.

I do feel your pain!! My buy was going to be the bargain of the century and I was looking for the specific pedal.

If it was a case of the other guy walking into his house with cold, hard cash, I would imagine that it would be tempting, especially with all the gumtree scams going on out there.

I'd imagine that this doesn't really happen on the forum though, which is why I prefer to do all of my trading here.

makepeace

Alan Ratcliffe wrote It happens, and a buyer standing in front of him with cash in hand is always a more attractive option to the seller - bird in the hand and all that (and no packing/shipping hassles). Consider that if it were you that pipped the other guy to the post, you would be happy with the deal.

What was it?

Yep I would be happy if I was the other guy, and I have no gripe against him - cause that would be childish. My frustration is with people not sticking to their word, and at least being fair enough to allow both interested parties a chance to throw stones at each other.

and

66' AC30 :'(

Adrian Rogowski wrote It is somewhat unethical, especially if you guys where in the process of concluding a sale.

This may be unnecessary, and over board, but allow me to flex my legal muscle:

1. Did you actually conclude the sale? I.e. Yes I will buy this much, on this date, for your product?
2. Did he promise he'd keep it available for you for whatever period of time?

1. Yes.
2. No.

Yeah teleplayer, I guess the sad thing is that in our society people are actually forced to compromise their integrity in a position like that, instead of being free to take someones word. I think the most irritating thing is that he never even gave me an opportunity to counter.

FruitarGeek

What a pity. Well, look, take solace in knowing that legally you are entitled to that sale. However, It will cost you more in the end to demand he sells it to you. It seriously is bad business though. I can imagine your frustration.

*if you know who he sold it to, and that person acted with the intention to screw you over/beat you to it, then you have a very good standing indeed

ActionArnie

Was that the one for sale on the KZN south coast?

shaunf

makepeace wrote The funny thing is, the other party is probably a member on this forum.

Sorry to hear! Happened to me too with some old Celestion Greenbacks that were for sale down in Cape Town a while ago.

Re quote above, just curious as to what makes you think the other party is a forum member?

makepeace

thanks Adrian. i know that going legal is never really an effective way of settling things like this, even if you have a sure leg to stand on.

i'm quite comfortable with the fact that what will happen will happen, so i'm already over it. glad that something like this has happened while i'm still quite young. i've played it out in my head as to what i could have done differently to be more assertive and i've definitely learned a thing or two.

Was that the one for sale on the KZN south coast?

Yep, please don't tell me it was you who's screwed me over ?

Re quote above, just curious as to what makes you think the other party is a forum member?

Just a feeling, don't actually know why.

chris77

Ja that sucks big time. In the past 6 months or so I've had sellers pull out at the last minute for two amps I was looking to buy. After a sale was agreed upon on both ocassions (availability, price, payment method, shipment etc.) the sellers reneged and I was left high and dry.
I asked the one guy for his account number and address so I could transfer payment and arrange for the couriers to collect (only after he is satisfied payment has been made), and never heard from him again. He just ignored me after that! >☹
The second guy at least had the decency to, after dragging out giving me his banking details for while, say that he does not feel comfortable shipping the amp outside of CT and would on second thought rather sell it to a local - aaaaand then he ignored me as well... ☹

I've nibbled on quite a few ads in the past, and passed on most of them. Sometimes the price was just not right or after some thought the GAS had passed and I decided the product wasn't really what I was looking for after all. (In most case however the seller doesn't even get back to you!) But when you agree to buy or sell a product for a mutually accepted price there is no valid excuse for going back on your word and reneging on the deal.

Reinhard

I think it is a double edged sword. As a seller, I have had so many people on Gumtree dick me around and string me along and then end up bailing on a deal. If you want something, don't hang around waiting for better days, make a plan to go and get it.

The best deals I have gotten were when I responded quickly and beat another party to the deal. Either sh*t or get off the pot. Also, if you want a lower price and someone comes along willing to pay the asking price, don't be surprised if they get it.

This post isn't directed at anyone, just general experiences on gumtree. I tried being a nice guy, but there have been so many time wasters that whoever pitches with the asking price gets it.

Wizard

Happened to me a few times already.
Generated the same self-righteous anger.

I now assume that if I get there first with the money I can have it; or will lose it otherwise.
And yes - I will ask if there is anyone else ahead of me.

Didn't you and I recently go head-to-head for a pair of AR18LS speakers?
You won't believe how careful I was (still have all the emails) to make sure I was genuinely entitled to the deal.

And btw ... they sound great!
?

ActionArnie

makepeace wrote
Was that the one for sale on the KZN south coast?
Yep, please don't tell me it was you who's screwed me over ?

lol no, but I saw it on g'tree last night and was telling the missus that if I had the cash I would've bought it (she just rolled her eyes as expected) ?

Ray

How does the guy selling the thing know that by tomorrow you wont have changed your mind? I dont know about the legal side of things but I cant imagine that there is any cover with an email agreement of sorts. I think the seller will sell as soon as he gets what he considers satisfactory compensation.

exsanguinator

Reinhard wrote I think it is a double edged sword. As a seller, I have had so many people on Gumtree dick me around and string me along and then end up bailing on a deal. If you want something, don't hang around waiting for better days, make a plan to go and get it.

The best deals I have gotten were when I responded quickly and beat another party to the deal. Either sh*t or get off the pot. Also, if you want a lower price and someone comes along willing to pay the asking price, don't be surprised if they get it.

This post isn't directed at anyone, just general experiences on gumtree. I tried being a nice guy, but there have been so many time wasters that whoever pitches with the asking price gets it.

+1

Come on..this is Gumtree...
if I had a dollar for every time ive wasted time waiting for people after they say they really,really want it...LOL

no offence to you..LOL

theres a lot more people buying than selling and I know some chronic sellers that dont even reply to emails for that same reason

I think there is no recourse for private classifieds,first come first served...
if you paid a deposit ...then the deposit would have to be refunded,not the the item sold to you... even if you were willing to pay the balance
This claim would fall under a civil suit not consumer protection...
and I forsee that eventually even in small claims court..youd only get your deposit back or if he was a real ass...attach any property to the value of the deposit

I get regular offers from people outside my city,I always ask for a deposit and 30 days to finalise the deal when they can collect the item...this normally sorts the buggers out chop chop...Ive yet to see a deposit...LOL
Your time and effort wouldve been more than the deposit to start off with i reckon...

giggsy

Yeah... I had it the other way around - guy wants to buy my pedal, I say fantastic, will keep it for you. I turn down an easier, local offer from a guy who needs the same pedal urgently - sorry, I promised it to someone else... then guess what happens ? First guy doesnt answer emails, deletes me from bbm and the second guy bought another one. Thanks chop.

makepeace

ok i get that maybe a lot of you don't have the time for trusting people and generally applying to the good part of human nature, and that's great. you have your reasons and i'm sure you go about it diligently and honestly in your own way and it works. but i'm sorry, when somebody makes an agreement ie proposes a set of clauses of sale, which are then agreed upon, and then the next day he e-mails you to tell you that he's sold it - that's not good human behaviour. its pretty much like a #@$& you.

Reinhard

makepeace wrote ok i get that maybe a lot of you don't have the time for trusting people and generally applying to the good part of human nature, and that's great. you have your reasons and i'm sure you go about it diligently and honestly in your own way and it works. but i'm sorry, when somebody makes an agreement ie proposes a set of clauses of sale, which are then agreed upon, and then the next day he e-mails you to tell you that he's sold it - that's not good human behaviour. its pretty much like a #@$& you.

I see you are in Hermanus. You could always buy my 60's greypanel AC30 on gumtree. I will knock 2k off the gumtree price. Just saying...

exsanguinator

makepeace wrote ok i get that maybe a lot of you don't have the time for trusting people and generally applying to the good part of human nature,

we do ?
Just not Gumtree >☹

In saying that....,
i've done a lot of deals on gumtree,
generally.. musos buying/selling... are a tight knit of trustful old codgers....LOL..
I think you just got a bad apple...
But when it comes to other items....bah!..dont start me on that...LOL

giggsy

exsanguinator wrote i've done a lot of deals on gumtree,
generally.. musos buying/selling... are a tight knit of trustful old codgers....LOL..

+1

I could have been ripped off plenty of times, but always had good dealings with good people, except for the chop above