Can I/we please get some clarification on what exactly is an offer to buy?

I have had 2 people make me an offer on products in the ee and then back out (at least I considered them offers).

1st person said I agreed and sent payment info. After that he said he was not going to be able to do it.

Then yesterday I got an email stating

This morning I checked my email and he stated he found one elsewhere.

So, am I being over dramatic? If these are not welches, I think we at least need clarification in the rules. I looked but this situation was not covered. Not too big a deal, but it is getting old. These are not the only 2 that have done it to me.

#1 is clearly a welch. Once you accepted his offer, the deal was made.

#2, IMHO is borderline, but not a welch. He asked if it was still available and not getting a response, he went and bought it somewhere else. It may be bad form not to wait 24 hrs for a response from you, but technically you didn't respond to his message quickly enough (in his eyes) and until you did, there was no deal. Bad form on the buyers part by not waiting for a response though.

ETA: You should file a -1 feedback for #1. This is happening too frequently.

Personally I think #1 is but "case law" says he is a tire kicker since he phrased it has "Would you". This is a question not an offer. If he had said "I'll take it if you will accept $xx" then that is an offer.

http://www.ar15.com/forums/t_7_127/882531_Is_this_a_welch_.html

http://www.ar15.com/forums/t_7_127/939352_Tire_kicking.html

#2 - Contract is "I'll take it" by buyer and "It's yours" by seller. So this one is a matter of timing. If he withdrew the offer before you said "It's yours" then no contract. If after then a welch.

At least that's my understanding of the rules.

The reason that "what makes a deal" is not in the rules is because there are way to many scenarios and variables to try and cover, so we deal with them on a case by case basis.

Like traveler130 said....

The first guy...."will you take $xxx for...." that to me is a question and not really a firm offer to buy the item, just another tire kicker wasting your time, so unless he said "will you take $xxx for it? I'll take it" there was no deal there.

The second guy..."... if so, please forward info for Money Order (or bank check?) ?" that to me is an offer to buy at the asking price, he said he wants one and asked for payment info, so if he has not retracted that offer by the time you reply with that payment info there is a deal there. However, if he did retract the offer before you reply then there is no deal, buyers are free to retract offers up to the point where the offer is accepted.



So in short, there needs to be a firm offer to buy "i'll take it" or "I want it send payment info to...." etc etc and an acceptance of that offer before the offer is retracted ie "it's yours send funds to..." to make a deal.

I understand. Just tired of the "tire kickers".

I know, your preachin to the choir.

Don't remember anyone ever asking me this:



but I would reply like this:

+1, I have been getting killed with this lately

Yep, or for a $100 item its " I dont have $100 right now but I have $50 dollars, an old 1 legged cornish game hen and a half a box of rubbers I can send if your interested?"

I will use that one next time

I usually put this in my ads- No tire kickers or lowballers. Works most of the time..

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