You Know What Really Grinds My Gears....The Sequel!

[Dion]

Originally Posted by 19Yzerman19

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.

Unless you got it in writing you are SOL.

[Dion]

Originally Posted by BlackArcher101

That sounds like a commitment to buy, but not an actual purchase. Not only should you have gone over to give him the money, but also to look at the damn stuff too. How was this going to go down? Delivery company picks up stuff, delivers it to your house. Upon satisfactory inspection, you would EFT the money to him? At what point was this guy going to get his money or have the purchase completed?

Don't blame the guy one bit. When buying ANYTHING used and it's a good deal, you buy it immediately on the spot or risk someone else swooping in and taking it. Buying is not asking someone to put it on hold. Deposits don't do crap either. Until enough money has transferred hands to cover 100% of that purchase price, I'd be worried about losing either my partial payment and/or the item I want. Hell, I have even had people return the full purchase price that I gave in advance because I couldn't pick it up within 2 days, but someone else could. Have you not purchased anything used before? Always go by "First come first served, as-is where-is"

Binding contract? LOL, good luck suing the guy. You have ZERO damages, nothing out of pocket unless you paid a deposit for the delivery guys.

The seller was a jackass for what he did. There was a verbal agreement (not legaly binding) made on the sale and he should have honoured it.

[BlackArcher101]

Originally Posted by btimbit

Legal nonsense aside, that's still no excuse to be a jackass. You agree to sell something to someone, you don't go and sell it to someone else instead. Yeah, that's life, whatever. It's still wrong, and anyone that does it is a dick.

Originally Posted by Dion

The seller was a jackass for what he did. There was a verbal agreement (not legaly binding) made on the sale and he should have honoured it.

Oh, I totally agree. However, don't be expecting that it never happens, it's pretty common. You wouldn't catch me pulling that crap though.

[ken0042]

Originally Posted by btimbit

You agree to sell something to someone, you don't go and sell it to someone else instead. Yeah, that's life, whatever. It's still wrong, and anyone that does it is a dick.

The problem with Kijiji is that the seller had no guarantee that Yzerman was going to go through with the purchase. So while the seller was waiting for Yzerman to show up with the cash in hand, somebody else came through with a better offer; both in terms of monetary amount as well as being able to close the deal quickly.

If the seller had already accepted a deposit, or maybe even not bothered to call, then I'd say he was being a dick. Is it unfortunate that Yzerman lost out- absolutely.

Even with the buy & sell here on CP, I have had established members tell me they are totally interested; when and where can we meet up? And then nothing. Even on time sensitive items like tickets for a game that night. So I can understand a seller on a medium where you don't know anybody else not being as trusting. At least not to give up a better 100% deal for the sake of honouring a lesser deal that wasn't 100%.

[jayswin]

Originally Posted by ken0042

The problem with Kijiji is that the seller had no guarantee that Yzerman was going to go through with the purchase. So while the seller was waiting for Yzerman to show up with the cash in hand, somebody else came through with a better offer; both in terms of monetary amount as well as being able to close the deal quickly.

If the seller had already accepted a deposit, or maybe even not bothered to call, then I'd say he was being a dick. Is it unfortunate that Yzerman lost out- absolutely.

Even with the buy & sell here on CP, I have had established members tell me they are totally interested; when and where can we meet up? And then nothing. Even on time sensitive items like tickets for a game that night. So I can understand a seller on a medium where you don't know anybody else not being as trusting. At least not to give up a better 100% deal for the sake of honouring a lesser deal that wasn't 100%.

Yep, the people thinking the seller is a ###### gotta realize. There's just as many deadbeats that agree to buy something and don't show as there are sellers that pull moves like that.

To be honest, if I'm a seller I don't consider something claimed/sold until there's a person physically handing cash over. This issue goes both ways.

The only thing I would have done differently, especially on a $300 item that's awkward to pick up, is tell the buyer "I'm down for that, but I will require a $20 deposit". Nothing huge, but enough that the world of kijiji cheapskates/deal breakers wouldn't go to the trouble of losing.

[Dion]

Living down wind from a feed lot RGMG. Yeah I knew what I was getting into when I moved here, but on nights like tonight the smell is strong enough to knock a buzzard off a #### wagon!

[Wormius]

Originally Posted by Dion

Living down wind from a feed lot RGMG. Yeah I knew what I was getting into when I moved here, but on nights like tonight the smell is strong enough to knock a buzzard off a #### wagon!

We had the most disgusting feedlot stationed in Kelowna along the highway. There was no avoiding it, and the owner was taking a principled stand because he, at the time, wasn't allowed to sell the land and profit because it was considered agricultural so he kept it as a feedlot to presumably pressure the powers that be. So happy that place is gone. Fun times.

[Wormius]

Is it out of vogue to complain about the mosquitoes, or should I just be grateful that the weather finally supports insect life?

[btimbit]

Originally Posted by ken0042

The problem with Kijiji is that the seller had no guarantee that Yzerman was going to go through with the purchase. So while the seller was waiting for Yzerman to show up with the cash in hand, somebody else came through with a better offer; both in terms of monetary amount as well as being able to close the deal quickly.

If the seller had already accepted a deposit, or maybe even not bothered to call, then I'd say he was being a dick. Is it unfortunate that Yzerman lost out- absolutely.

Even with the buy & sell here on CP, I have had established members tell me they are totally interested; when and where can we meet up? And then nothing. Even on time sensitive items like tickets for a game that night. So I can understand a seller on a medium where you don't know anybody else not being as trusting. At least not to give up a better 100% deal for the sake of honouring a lesser deal that wasn't 100%.

Certainly don't disagree with any of that, essentially the issue is too many people are dicks, so many people feel the need to be a dick first. If you screw someone over they can't screw you over later.

Pretty much why I avoid kijiji.

[19Yzerman19]

At this point this is an academic exercise; I would never take legal action against someone for a kijiji furniture purchase.

Originally Posted by 4X4

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.

In your example, we don't have certainty of terms - I agreed to buy a product in a certain condition, it turns out it isn't in that condition, therefore no contract. At minimum it would be a misrepresentation which is grounds for rescission. This is not a good analogy. And yes, it is legally binding - offer and acceptance for valuable consideration = contract.

A contract isn't a contract until consideration has been exchanged. Lol. You think you can sue him for this?

Yes I do. Now, it's basically never worth suing anyone for less than a few grand, but technically yes, I could. As far as consideration, it doesn't have to actually be exchanged, it simply needs to be included in the deal. The contract is concluded when the agreement is made, not when the terms are carried out. I can draft a purchase and sale agreement that doesn't close for 6 months, but it's still a binding contract when executed.

Originally Posted by BlackArcher101

Not only should you have gone over to give him the money, but also to look at the damn stuff too. How was this going to go down? Delivery company picks up stuff, delivers it to your house. Upon satisfactory inspection, you would EFT the money to him? At what point was this guy going to get his money or have the purchase completed?

I go to his place with delivery driver, look at items, hand him money. Stuff is then loaded by delivery drivers and taken back to my place, where I pay the delivery guys. Really, is this that hard to figure out?

Hell, I have even had people return the full purchase price that I gave in advance because I couldn't pick it up within 2 days, but someone else could. Have you not purchased anything used before? Always go by "First come first served, as-is where-is"

If this is how you want to sell your item, don't conduct yourself as if you have a deal with someone else. How hard is it to put this in the ad?

Binding contract? LOL, good luck suing the guy. You have ZERO damages, nothing out of pocket unless you paid a deposit for the delivery guys.

I'm out of pocket the difference between this and what I end up paying for something else. EDIT: Also, in cases of efficient breach it's possible in some cases to obtain a disgorgement of any profits (i.e. his extra $100).

But I already said it's not much and not worth it, the point was it's still a breach of contract and people should honour their agreements.

Originally Posted by Dion

Unless you got it in writing you are SOL.

Wrong. This makes literally no difference.

Originally Posted by ken0042

The problem with Kijiji is that the seller had no guarantee that Yzerman was going to go through with the purchase. So while the seller was waiting for Yzerman to show up with the cash in hand, somebody else came through with a better offer; both in terms of monetary amount as well as being able to close the deal quickly.

Had I not done so, I would've been the one in breach, and technically if he had then been forced to sell for less I would be liable to him for the difference. But I don't do this; I honour my agreements.

Originally Posted by flameswin

Yep, the people thinking the seller is a ###### gotta realize. There's just as many deadbeats that agree to buy something and don't show as there are sellers that pull moves like that.

Totally, and those people are #######s too.

Originally Posted by btimbit

Certainly don't disagree with any of that, essentially the issue is too many people are dicks.

Yep.

[OutOfTheCube]

Originally Posted by flameswin

Why'd you say it then?

I was curious what you, specifically, thought constituted 'slower traffic', since you were excited about the sign. But you never responded. I got two quite reasonable responses from other people and that was the end of it.

[DuffMan]

For the past probably 2 or 3 years, I've been l listening to CKAV(Aboriginal Voices Radio). When it first started out it was quite lame, a good song a bad song, a Robbie Robertson song, a blues song, repeat that 4 song recipe. But then it got fairly decent, with some really good music mixed in with the odd Michael Jackson, or Madonna song. The big thing was there was very little talking and no commercials.
The night time programming was great with things like heavy rock on Thursdays, blues hour etc. Weekends sucked because it was mostly just talk radio about aboriginal issues.
In the last couple of weeks I don't know what happened but all of the music sucks ass, like bad country and stuff, and they've upped the talking.
I had this station on my alarm clock since I am still living in the 60s and don't have a phone speaker/dock. On Wednesday I woke up to some guy talking about talking to trees, wtf. So now I've had to turn it on a regular station to wake up, and of course it is commercials and idiots talking trying to be funny. I've gotten out of bed enraged the last week or so.

this GMG's.

[troutman]

Originally Posted by DuffMan

For the past probably 2 or 3 years, I've been l listening to CKAV(Aboriginal Voices Radio). When it first started out it was quite lame, a good song a bad song, a Robbie Robertson song, a blues song, repeat that 4 song recipe. But then it got fairly decent, with some really good music mixed in with the odd Michael Jackson, or Madonna song. The big thing was there was very little talking and no commercials.
The night time programming was great with things like heavy rock on Thursdays, blues hour etc. Weekends sucked because it was mostly just talk radio about aboriginal issues.
In the last couple of weeks I don't know what happened but all of the music sucks ass, like bad country and stuff, and they've upped the talking.
I had this station on my alarm clock since I am still living in the 60s and don't have a phone speaker/dock. On Wednesday I woke up to some guy talking about talking to trees, wtf. So now I've had to turn it on a regular station to wake up, and of course it is commercials and idiots talking trying to be funny. I've gotten out of bed enraged the last week or so.

this GMG's.

JERRY: You can't give something and then take it back. I mean, what are you...
(catches himself)

WINONA: What?

JERRY: A uh, a person that uh...

WINONA: A person that what?

JERRY: Well, a person that gives something and then they're dissatisfied and
they wish they had, had never uh...

WINONA: And?

[Ducay]

People who use debit/credit without tap in busy coffee lines GMG. "lets see, whats my pin?" "hmmm nope not it, lets try this one"

[Jimmy Stang]

Originally Posted by Ducay

People who use debit/credit without tap in busy coffee lines GMG. "lets see, whats my pin?" "hmmm nope not it, lets try this one"

The fact that my discount bank (PC) doesn't have tap for debit yet GMG. Yes, I know, I'm getting what I pay for.

But I do pay for coffee with an app or Tim/Starbucks card anyway, so it is nice and snappy. I just want to be able to tap my debit card for other purchases as well.

[Wormius]

Pork belly done wrong. Ugh. Feel like I am going to puke.

[Huntingwhale]

Trying to use the Safeway gas station with the new format. Wow a BS ordeal. Having to go inside to get my discout, which the cashier gave me in change? F that. You just lost out on your best customer Safeway. Which ever board executive came up with this idea should be beaten with a billy club.

[btimbit]

Originally Posted by Ducay

People who use debit/credit without tap in busy coffee lines GMG. "lets see, whats my pin?" "hmmm nope not it, lets try this one"

I don't have that feature, but I just pay with cash. I thought it was a generally accepted etiquette not to use plastic for anything less than $10, but some people insist on holding up lines waiting to get approved for a coffee and a doughnut. Dumb.

Originally Posted by fotze

Explain this format further?

When they got rid of club cards. Now to save on gas you have to go inside the station with your grocery receipt. You used to just be able to do it at the pump, but now it's like technology jumped back 20 years.

[Reaper]

Originally Posted by btimbit

I don't have that feature, but I just pay with cash. I thought it was a generally accepted etiquette not to use plastic for anything less than $10, but some people insist on holding up lines waiting to get approved for a coffee and a doughnut. Dumb.

I've never heard of this "generally accepted etiquette" before. Why shouldn't someone use debit on any purchase at all? Who, besides drug dealers and strippers, carries cash any more?

[guzzy]

Khadr family sympathists.