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  #1  
Old 08-18-2006, 12:03 AM
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Maybe in the future a deposit would make the " contract " more binding to the buyer and thus less likely to try and " back-out " of the deal. Most people now have paypal so it is a easy thing IMO.

If no deposit is made then technically the item is still for sale and no frustration on the sellers part
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Old 08-18-2006, 12:58 AM
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Steve,
Huh???? Again, if we were speaking "technically", a deposit has nothing to do with whether an item is still for sale or not. As explained earlier, a contract is binding the moment that a live offer to exchange items of value is accepted. (but you can chose to word your offer so that acceptance must be indicated by way of deposit. heck, you can even specify in the offer that acceptance must be made by carrier pidgeon).
But your post does raise a good point. Just as a buyer is responsible to provide the agreed upon payment, a seller is responsible to provide the agreed upon item. If I had asked for a deposit in my offer, then yes, I would have a contract with the first person to pay that deposit. If I just offered my pump for sale (like I did) and agreed to sell it to a buyer... and then agreed to sell it to another buyer, because the first hadn't payed me a deposit and "technically the item is still for sale", I would be on the hook to provide a pump to both buyers who accepted my offer. Because I only have one pump, my options would be: buy a second pump to resell and fulfill my contractual obligations, or break my contract with one of the buyers and just hope he wasn't a miserable SOB like I am ( :
A good strategy to avoid being caught in an ugly situation like that, you could offer it to only one person at a time and close that offer before moving on to the next; or you could word the offer so that it was clear that the first person to accept, or the first person to place a deposit will get the pump. Again, a deposit has nothing to do with whether an item is still for sale or not, but you are absolutley right, my situation probably would have gone better if I had insisted on one... live and learn.

Cheers,

- Chad
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Old 08-18-2006, 12:59 AM
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sounds like we need a lawyer to chime in here...however after he takes his fees on any of these matters you will end up owing all the money to the lawyer and not the seller
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Old 08-18-2006, 01:14 AM
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LOL. What I've been talking about is just the bare basics of business law.
But I'm not a lawyer either... and besides, my professional expertise is criminal law ( :

Thanks for the chance to vent. I'm probably going to just keep the damn pump. It won't be long until I get the itch to set up another tank anyways.

Cheers,

- Chad

ps - all offers are now closed ( :
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Old 08-18-2006, 02:52 AM
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Quote:
Originally Posted by Fish
LOL. What I've been talking about is just the bare basics of business law.
But I'm not a lawyer either... and besides, my professional expertise is criminal law ( :
lets see anyone enforce a verbal contract.. that is the problem.. it cost more to pursue it than the contract is worth in most cases. and depending on what the value is a verbal contract is nothing more than an intent and doesn't hold any water.

I have had a few problems, people offering to trade me stolen goods, intentional low balls after price has been agreed on, calling back two months later asking if I still have it and stating they will be out at 3pm and never showing up after I make a point of staying home.. just as well probably wouldn't have brought all the money again anyways.

anyways it is to bad we don't have some sort of system to warn other about the worst offenders but it opens a whole new door for liable.

Steve
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Old 08-18-2006, 03:23 AM
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BC Aquaria Forum has a "Member Feedback Section" http://www.bcaquaria.com/forum/viewf...b2dc88c3c0f4a8

It seems to work quite well.

Cheers,
Vic [veng68]
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Old 08-18-2006, 04:37 AM
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Hmm, I had a thread about that, but can't find it now. This round turned out okay for me, cause Nate actually showed up.....
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Old 08-18-2006, 05:35 AM
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I think we need the buyer/seller feedback system like BCAquaria has.

I had a deal with someone to buy something from me, I brought it down to Vancouver to sell it, the buyer jammed out.

But mostly I have had good dealings with people on this board.

If you buy and sell from people who are well-known on the board there should be less problems.
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