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Sold Or Not Sold, That Is The Q

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8 hours ago, roxii said:

Don’t get me wrong I do think you were hard done by.

im sure if no one else popped up he would have taken your offer as a “deal” too.

i reckon if it was me selling and I was in any doubt and got another offer I would have txt you to confirm the sale.

yep I reckon you are right to be pissed but considering some of the dealing on these places at least you aren’t out of pocket. 

I reckon you're probably right. Was never about the coin, more so the principle. Just tired of people not following through with what they say, when a when a deal (purchase or sale)  is struck. There's not much accountability for either party on Gumtree unfortunately. I'm cynical and grumpy beyond my years at the best of times, dealing with people on GT has only cemented this outlook. 

8 hours ago, XCOM! said:

Gumtree is a PITA to sell/buy on, because there is never any commitment required on either side other than actual exchange of goods/cash. I've wasted too much time with GT on buyers saying they'll turn up but never show, leaving you turning away other buyers if you wait for them. I've just had to take a hard line and tell people, it's yours if you are the first here with cash.

Despite the added costs, I still prefer to sell on Ebay, because the buyer is forced to commit payment and knows that until they do the item is not theirs.

Couldn't agree more Xcom and completely understand the need for a first in, best dress policy on GT,  as long as it's communicated up front and everyone knows where they stand. 

I moved away from selling on ebay due to the fees, but thinks I might be going back there in future, will avoid all those pesky 'low ballers' too...

Have given this way more time and energy than it deserved, so putting this one to rest. Thanks for the input Trannies, peace out. 

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Not relevant here because nobody is gonna sue anybody over $40 of games but the descriptions above are totally different to the UK and I thought the same applied here (but I obviously accept my limited knowledge of Aussie law).

In the UK for a contract to be in place and be valid there needs to be an offer, an acceptance and a consideration (aka a price). The actual exchange of funds is not relevant unless specifically stated.

When I used to run an events business we had several occasions where I had people send me an email saying "Excellent can we please book this in." In response to a full quotation, terms and conditions supplied etc. and then decide they wanted to cancel without penalty. Many used the "But we never signed anything of paid a deposit." line but on the two occasions I had to go to court (I would normally be more relaxed but we had turned down other work in peak season) we won without any difficulty.

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It's not sold until a deposit or full payment exchanges hands.

BUT... HOWEVER.... the seller can still walk away and give the deposit back if he changes his mind.

I sold my car once on a Sunday, the guy gave me a $500 deposit and said he'd have his finance done and dusted by Tuesday at the latest.  Spoke to his finance company Tuesday arvo and they said that his loan wasn't approved.  I messaged him and said bad luck and I'll give your deposit back and sold it to someone else that night.  He was pretty p-issed and was threatening to come to my work and cause trouble.

 

If it's not a contract of sale it doesn't mean anything.

 

On another note, I once attempted to sell an aircraft to someone for $45k.  He gave me a deposit for $6k in the form of a cheque and I gave him a receipt saying that I had received his non-refundable deposit.

The cheque bounced.

I said "What the?" and he gave lots of excuses about his family trust.

He then gave me another cheque a week later.

I rang his bank and they told me that there was no money in the account attached to the cheque.

I rang and said "What the?" and sold it to someone else.

I waited 11 months and then successfully cashed his $6k cheque.

He had no legal basis to get his $6k back.

He cost me several thousand so it was worth my while doing it.

 

 

 

 

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Wifey is seeking some of my son's stuff for him on one of these pages (I think FB).  Some contacted her and asked if she'd take $X for it all. Yup, no probs.  They're from out of town, can we hold it for them till Saturday?  Yep, sure, pay for it and she'll pull the ad. No probs, they have PayPal. Send them her details. Still no money....

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That one is simple, though annoying. Leave the add in. If you get another offer, you message back to the first person that you've had it, and if they don't pay in the next x hours, you will accept the other bid. Gives them the chance if they are serious. Lets you move on without feeling guilty.

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Yep.  

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