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 semperfiws6
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Joined: May 2008  GA, USA
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Posted: 2/27/2012 9:43:17 AM
THE IMAGE ABOVE IS A PAID ADVERTISEMENT 1st person said Will you take $100 shipped for the... 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 Any of these still available?, I am interested on buying one, if so, please forward info for Money Order (or bank check?) ?
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. |
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Posted: 2/27/2012 10:49:17 AM
[Last Edit: 2/27/2012 10:51:18 AM by neilfj]
#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. |
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traveler130
You are one ugly mother ...
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Posted: 2/27/2012 11:46:42 AM
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. |
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Gatorhunt
Honesty is the first chapter in the book of wisdom
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Posted: 2/27/2012 1:24:27 PM
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. |
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semperfiws6
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Posted: 2/27/2012 2:36:31 PM
I understand. Just tired of the "tire kickers".
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Gatorhunt
Honesty is the first chapter in the book of wisdom
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Posted: 2/27/2012 3:40:15 PM
Originally Posted By semperfiws6: I understand. Just tired of the "tire kickers". I know, your preachin to the choir.  |
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GovtThug
I light the fires while the city sleeps.
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Posted: 2/29/2012 11:58:07 AM
[Last Edit: 2/29/2012 12:26:48 PM by GovtThug]
Don't remember anyone ever asking me this:
Will you take $100 shipped for the...
but I would reply like this: I might. Offer it to me and find out.
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Kali110505
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Posted: 2/29/2012 12:32:36 PM
Originally Posted By semperfiws6:
I understand. Just tired of the "tire kickers". +1, I have been getting killed with this lately |
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reaper556
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Posted: 2/29/2012 1:48:28 PM
Originally Posted By Kali110505:
Originally Posted By semperfiws6:
I understand. Just tired of the "tire kickers". +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?" |
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semperfiws6
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Posted: 2/29/2012 2:07:26 PM
Originally Posted By GovtThug:
Don't remember anyone ever asking me this: Will you take $100 shipped for the...
but I would reply like this: I might. Offer it to me and find out.
I will use that one next time  |
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crowboy
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Posted: 2/29/2012 6:38:15 PM
I usually put this in my ads- No tire kickers or lowballers. Works most of the time..
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