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Old 05-22-2014, 04:17 PM   #3995
4X4
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Join Date: Dec 2004
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Quote:
Originally Posted by 19Yzerman19 View Post
This is incorrect. I made an offer - 300 delivered. He made a counter offer - 250, with me arranging for the items to be picked up. I accepted. That's a legally binding contract. He breached it by selling them to someone else.

Now, it's not worth doing anything about that, because my damages are minimal. However, I could technically sue him. People are really casual with contracting on Kijiji; I was very close to sending a statement of claim to the movers I booked who didn't show up just to make the point that you can't conduct yourself like that without consequences.

Exactly. In this case it wasn't that bad, I just called the moving guys and told them I had to cancel. But what if I'd rented a u-haul or something? I'd be out the cost of the rental. I'd moved a bunch of stuff in preparation for having those things into my living room, and I just had knee surgery a couple of weeks ago so moving things around is not easy. So it was directly inconvenient.

More than that, though, it's just an ####### thing to do. A deal is a deal. If you don't want to commit to a deal, say so - i.e., "first person to put cash in my hand gets it". I've done that before, if you're up front about your terms it's fine. Just don't go back on your word.
That's not legally binding. A phone call telling him you're gonna buy it? That's no more legally binding than you telling him you're going to buy it, then you show up, and you see that it's broken and not worth the agreed price, and therefore, you're no longer interested. He can't sue you for that, and you can't sue him for not holding an item for you.

A contract isn't a contract until consideration has been exchanged.

Lol. You think you can sue him for this?
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