What would YOU do?
Le Mans Master
Joined: Mar 2010
Posts: 6,501
Likes: 1,938
From: The Golden Triangle, Florida
2024 C2 of the Year Finalist - Unmodified
2023 C2 of the Year Finalist - Unmodified
St. Jude Donor '20 thru '25
I think the seller should have sold it to the first person he actually had two way communication with, be it voice or Email. In this case that was the voice communication with the OP. If he had answered the Email first it would have been the other party.
A contract is not binding until agreed to by both parties.
I believe the seller was wrong.
A contract is not binding until agreed to by both parties.
I believe the seller was wrong.
Taken to an extreme, what if a 3rd buyer sent a letter by postal service saying he'd take the item and has a postmark prior to any of the other emails, voice mails, or telephone contacts? In that case, the 3rd guy should get it.
I agree that the first person to establish 2-way communication gets the item.
I had a similar thing happen with an RV I sold a few years back. The first guy who called said if it's as advertised, he'd take it at asking price and would be out within an hour to look at it. In the meantime some woman called. I told her I thought it was sold to someone on his way out but if he doesn't take it, she could buy it. She jumped in her car and beat the other guy out to see it. I told her I'd show it to her but that I can't sell it to her unless the 1st guy says he doesn't want it and he still has 30 minutes. She looked at it and offered me $1K over asking price. I told her I couldn't do it unless the other guy didn't show or took a pass on it but that if he didn't take it she'd get it at asking price. She proceeded to throw a fit in my front yard and her husband had to drag her away. After he got her in the car, he came back and apologized for his wife and applauded me for keeping my word to the other guy. He said to give them a call if the other guy didn't buy it. The 1st guy ended up buying it.
-- Steve
Race Director
Joined: Aug 2004
Posts: 15,316
Likes: 2,266
From: NorCal
Binding or not, the seller and the OP had an oral agreement. If the seller was a true man of his word, we wouldn't be having this conversation.
When I sold my Cobra, I made an oral agreement with the first caller at full price. No money exchanged hands as he was 3000 miles away. He had to wait for his bonus check to be deposited. I gave him 5 days to have the money wired to my bank. 10 mins. after I first talked to him, I get a call and they offer me $1K more. I told them if the deal falls through, you're #2 in line and I'll sell it to you for the listed price. They got all pizzed off because I wouldn't sell it out from under the first buyer. If you're word is no good, as far as I'm concerned, neither are you as a person.
Jim
When I sold my Cobra, I made an oral agreement with the first caller at full price. No money exchanged hands as he was 3000 miles away. He had to wait for his bonus check to be deposited. I gave him 5 days to have the money wired to my bank. 10 mins. after I first talked to him, I get a call and they offer me $1K more. I told them if the deal falls through, you're #2 in line and I'll sell it to you for the listed price. They got all pizzed off because I wouldn't sell it out from under the first buyer. If you're word is no good, as far as I'm concerned, neither are you as a person.
Jim
You, Sir, are an honorable man! As evidenced by the OP's situation, the guy he was dealing with had a different set of "values".......
Race Director
Joined: Aug 2004
Posts: 15,316
Likes: 2,266
From: NorCal
Taken to an extreme, what if a 3rd buyer sent a letter by postal service saying he'd take the item and has a postmark prior to any of the other emails, voice mails, or telephone contacts? In that case, the 3rd guy should get it.
I agree that the first person to establish 2-way communication gets the item.
I had a similar thing happen with an RV I sold a few years back. The first guy who called said if it's as advertised, he'd take it at asking price and would be out within an hour to look at it. In the meantime some woman called. I told her I thought it was sold to someone on his way out but if he doesn't take it, she could buy it. She jumped in her car and beat the other guy out to see it. I told her I'd show it to her but that I can't sell it to her unless the 1st guy says he doesn't want it and he still has 30 minutes. She looked at it and offered me $1K over asking price. I told her I couldn't do it unless the other guy didn't show or took a pass on it but that if he didn't take it she'd get it at asking price. She proceeded to throw a fit in my front yard and her husband had to drag her away. After he got her in the car, he came back and apologized for his wife and applauded me for keeping my word to the other guy. He said to give them a call if the other guy didn't buy it. The 1st guy ended up buying it.
-- Steve
Team Owner
Joined: Aug 2007
Posts: 58,061
Likes: 7,146
Army
I stumbled across an absolutely pristine set of C1 leaf springs at the NCRS winter regionals in Florida last year. I told the seller (a well known vette restorer in Central Florida) I would take them once I made my rounds of the swap meet (I didn't want to lug them around). When I got back the fella had sold them for a cash offer.
I was a little p!ssed but cooled down and realized I would have done the same thing. There are too many flaky people out there that say they'll do something and don't.
My bad....I should have given the fellow a deposit.
I was a little p!ssed but cooled down and realized I would have done the same thing. There are too many flaky people out there that say they'll do something and don't.
My bad....I should have given the fellow a deposit.
Le Mans Master
Joined: Apr 1999
Posts: 6,134
Likes: 46
From: Raleigh North Carolina
Binding or not, the seller and the OP had an oral agreement. If the seller was a true man of his word, we wouldn't be having this conversation.
When I sold my Cobra, I made an oral agreement with the first caller at full price. No money exchanged hands as he was 3000 miles away. He had to wait for his bonus check to be deposited. I gave him 5 days to have the money wired to my bank. 10 mins. after I first talked to him, I get a call and they offer me $1K more. I told them if the deal falls through, you're #2 in line and I'll sell it to you for the listed price. They got all pizzed off because I wouldn't sell it out from under the first buyer. If you're word is no good, as far as I'm concerned, neither are you as a person.
Jim
When I sold my Cobra, I made an oral agreement with the first caller at full price. No money exchanged hands as he was 3000 miles away. He had to wait for his bonus check to be deposited. I gave him 5 days to have the money wired to my bank. 10 mins. after I first talked to him, I get a call and they offer me $1K more. I told them if the deal falls through, you're #2 in line and I'll sell it to you for the listed price. They got all pizzed off because I wouldn't sell it out from under the first buyer. If you're word is no good, as far as I'm concerned, neither are you as a person.
Jim
RE: the TriPower setup I mentioned above.... there was intent to defraud (IMOP) by the buyer. He knew he was taking me for a ride. I didn't. I was clueless. An "honorable man" came to my rescue to tell me I was getting shafted by a "dishonorable man". There's your gray area. There is a difference between being a "true man of your word" and a sucker.
If there was any hanky panky going on with the OP part in question, then I would reserve judgement to the gray area.
Only the OP knows all of the details so who am I to judge? If the price was the going rate for the part (and I think he said it was) then the seller should have honored the verbal agreement as I did with the house, albeit at much higher stakes.
That is what "I would have done" as asked by the OP.
Oops... I just re-read the OP's comment... the other buyer actually contacted the seller "first" by email and a voice message. I think we just entered the "Gray Zone". LOL
Last edited by Tom454; Sep 24, 2012 at 03:44 PM. Reason: clarity
