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  #11  
Old 02-22-2018, 04:32 PM
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nolemmings nolemmings is offline
Todd Schultz
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Quote:
Originally Posted by silvor View Post
Does "acceptance" legally mean money was exchanged? Or is that not right? My guess if you paid, then they simply refunded, you have a better case.

But look at residential real estate...buyers back out all the time for no reason, and rarely are held accountable. And that's parties in the same state. The problem with ebay is you are crossing state lines (usually) and laws differ.
Acceptance by buyer does not require payment, which is performance. It likely would be a valid defense if seller could show that buyer had no ability or intention to perform, however. IOW, buyer would need to show he was ready, willing and able to pay.

Real estate transactions are different animals, and laws can vary widely from state to state. As mentioned, there is often a forfeiture of earnest money deposits and even down payments, depending upon the language of the real estate purchase contract and any limitations imposed by state statute.

STANDARD DISCLAIMER: This comment is general and is not to be considered as applicable to any specific situation or as legal advice you should follow. Please seek a consultation with legal counsel and provide a full description of your facts and circumstances if you want a formal legal opinion.
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Last edited by nolemmings; 02-22-2018 at 04:41 PM. Reason: disclaimer
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  #12  
Old 02-23-2018, 09:35 AM
ezez420 ezez420 is offline
Ed
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Or what about if a net54 member has another person buy something on ebay and not pay??? Can you pursue recourse against that net54 member?

Last edited by ezez420; 02-23-2018 at 09:45 AM.
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  #13  
Old 02-23-2018, 10:33 AM
ALR-bishop ALR-bishop is offline
Al Richter
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Hypothetically of course
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  #14  
Old 02-23-2018, 12:46 PM
Bcwcardz Bcwcardz is offline
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Quote:
Originally Posted by silvor View Post
Does "acceptance" legally mean money was exchanged? Or is that not right? My guess if you paid, then they simply refunded, you have a better case.



But look at residential real estate...buyers back out all the time for no reason, and rarely are held accountable. And that's parties in the same state. The problem with ebay is you are crossing state lines (usually) and laws differ.


I remember as a buyer of real estate I had a certain amount of time(I think 48hrs) to change my mind. I dont think a seller has that right. For sports cards I dont think there is any precedent for the situation. I really wouldnt bother if I got refunded. Thats me though and Im not much for confrontation.


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  #15  
Old 02-23-2018, 02:01 PM
Michael B Michael B is offline
Mh wߥ
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Quote:
Originally Posted by Bcwcardz View Post
I remember as a buyer of real estate I had a certain amount of time(I think 48hrs) to change my mind. I don’t think a seller has that right. For sports cards I don’t think there is any precedent for the situation. I really wouldn’t bother if I got refunded. That’s me though and I’m not much for confrontation.


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In real estate transactions the seller can and does change their mind. It is not the most prudent thing to do, but it does happen, especially when they discover they can get more money from another buyer. The downside is that the buyer, if they want the property bad enough, can file an action in civil court for specific performance to compel the owner to sell to them. Some cases are found in favor of the original buyer. Depending on the offer and the P&S (Purchase and sale) agreement, you could back out as a buyer well after 48 hours. The property failing inspection is one reason to void the offer. Another example would be if the property is not marketable, where the title can stand on its own without any defects. It could be insurable, where the title insurance company is willing to insure over the defects based on risk analysis, but not marketable. Most offers and P&S's will say insurable, but I have always added the words 'must be marketable, not just insurable' when I have purchased. Disclosure: 33 years as a title examiner and know quite a bit more property law than a great percentage of attorneys.
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Last edited by Michael B; 02-23-2018 at 03:49 PM.
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  #16  
Old 02-23-2018, 03:54 PM
jfkheat jfkheat is offline
James
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How did this turn into a real estate discussion?
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  #17  
Old 02-24-2018, 12:58 AM
Michael B Michael B is offline
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Quote:
Originally Posted by jfkheat View Post
How did this turn into a real estate discussion?
The nature of a good conversation. The two attorneys, Todd and Adam, addressed the standard contract, UCC-1 issues and pretty much answered the original question. I felt the few generalized real estate comments deserved comments, thus the conversation morphed. Not every conversation need be a railroad track, straight and narrow.
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  #18  
Old 02-24-2018, 09:24 AM
ALR-bishop ALR-bishop is offline
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And what if the transaction occurred on a cruise ship traveling in the Gulf of Aden ? Would maritime law come into play ? Law of closest country ? Does it matter in which country the ship is registered ?
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  #19  
Old 02-26-2018, 02:07 PM
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Peter Spaeth
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Originally Posted by ALR-bishop View Post
And what if the transaction occurred on a cruise ship traveling in the Gulf of Aden ? Would maritime law come into play ? Law of closest country ? Does it matter in which country the ship is registered ?
Follow the flag.
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  #20  
Old 02-26-2018, 03:33 PM
Aquarian Sports Cards Aquarian Sports Cards is offline
Scott Russell
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Quote:
Originally Posted by Michael B View Post
The nature of a good conversation. The two attorneys, Todd and Adam, addressed the standard contract, UCC-1 issues and pretty much answered the original question. I felt the few generalized real estate comments deserved comments, thus the conversation morphed. Not every conversation need be a railroad track, straight and narrow.
I have a buddy who his conversant on a lot of topics, when we get going we often wonder how we got to where we arrived conversationally. We have actually tried to piece the conversation together backwards and it can be surprisingly difficult. We call it conversational archeology. Forums ruin that fun.
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