B/S/T Etiquette

[Fred]

Straight forward scenario/question:

Seller has item for sale in BST.

Buyer A makes the offer to pay asking price and agrees to all ship methods, etc.

Seller sends confirmation the item is sold to Buyer A.

A couple hours later, the seller receives correspondence indicating Buyer B is interested and seller tells Buyer B, "sorry, it's sold". Buyer B ups the offer by 20%. Seller decides they'd want more cash and will take the offer.

QUESTION - How would you feel as Buyer A? I read what the lawyers are writing and the word "contract" comes up. Is there really a legally binding contract based on a couple emails?

In my book, the seller's a butthead for backing out for any reason. I wouldn't pursue it further, just avoid the seller. I wouldn't create a post indicating the seller's a butthead, but fact is, the seller is a butthead if they renege on a deal (for just about any reason). Yes, it's the sellers item and prerogative to do whatever they choose, but if you have an agreement, honor it.

[OhioLawyerF5]

Originally Posted by Fred

Straight forward scenario/question:



Seller has item for sale in BST.



Buyer A makes the offer to pay asking price and agrees to all ship methods, etc.



Seller sends confirmation the item is sold to Buyer A.



A couple hours later, the seller receives correspondence indicating Buyer B is interested and seller tells Buyer B, "sorry, it's sold". Buyer B ups the offer by 20%. Seller decides they'd want more cash and will take the offer.



QUESTION - How would you feel as Buyer A? I read what the lawyers are writing and the word "contract" comes up. Is there really a legally binding contract based on a couple emails?



In my book, the seller's a butthead for backing out for any reason. I wouldn't pursue it further, just avoid the seller. I wouldn't create a post indicating the seller's a butthead, but fact is, the seller is a butthead if they renege on a deal (for just about any reason). Yes, it's the sellers item and prerogative to do whatever they choose, but if you have an agreement, honor it.

Agreement is offer and acceptance. That is a binding contract. A couple emails is more than sufficient evidence that a contract exists. Seller backs out after agreeing to the buyer's offer, it's a breach of that contract. That is different than the scenario in this thread, where the seller never agrees to sell to the buyer.

[Mark17]

Originally Posted by OhioLawyerF5

Agreement is offer and acceptance. That is a binding contract. A couple emails is more than sufficient evidence that a contract exists. Seller backs out after agreeing to the buyer's offer, it's a breach of that contract. That is different than the scenario in this thread, where the seller never agrees to sell to the buyer.

Exactly. Offers and discussions can be made, but when the seller agrees to a deal, that's the end of it.

[OhioLawyerF5]

Originally Posted by Mark17

Exactly. Offers and discussions can be made, but when the seller agrees to a deal, that's the end of it.

Of course, it shouldn't be ignored that damages are potentially minimal, so pursuing the breach is often worthless, but it's still breach. And I would argue THAT is a breach of eitquette. Unlike this thread, where the breach of etiquette in my opinion is whining about not getting the card, not the seller selling to who they choose.

[maniac_73]

Phil has been quiet.

[Brent G.]

Originally Posted by maniac_73

Phil has been quiet.

Indeed.

[toledo_mudhen]

Well - this thread has certainly gotten more mileage than its worth..........

[bnorth]

Originally Posted by Fred

Straight forward scenario/question:

Seller has item for sale in BST.

Buyer A makes the offer to pay asking price and agrees to all ship methods, etc.

Seller sends confirmation the item is sold to Buyer A.

A couple hours later, the seller receives correspondence indicating Buyer B is interested and seller tells Buyer B, "sorry, it's sold". Buyer B ups the offer by 20%. Seller decides they'd want more cash and will take the offer.

QUESTION - How would you feel as Buyer A? I read what the lawyers are writing and the word "contract" comes up. Is there really a legally binding contract based on a couple emails?

In my book, the seller's a butthead for backing out for any reason. I wouldn't pursue it further, just avoid the seller. I wouldn't create a post indicating the seller's a butthead, but fact is, the seller is a butthead if they renege on a deal (for just about any reason). Yes, it's the sellers item and prerogative to do whatever they choose, but if you have an agreement, honor it.

I have had this happen as a seller multiple times and buyer A got the card they paid for. I don't remember even having it happen to me as a buyer and I have never offered someone more to sell me a card they had already sold.

[jingram058]

Originally Posted by Fred

Straight forward scenario/question:

Seller has item for sale in BST.

Buyer A makes the offer to pay asking price and agrees to all ship methods, etc.

Seller sends confirmation the item is sold to Buyer A.

A couple hours later, the seller receives correspondence indicating Buyer B is interested and seller tells Buyer B, "sorry, it's sold". Buyer B ups the offer by 20%. Seller decides they'd want more cash and will take the offer.

QUESTION - How would you feel as Buyer A? I read what the lawyers are writing and the word "contract" comes up. Is there really a legally binding contract based on a couple emails?

In my book, the seller's a butthead for backing out for any reason. I wouldn't pursue it further, just avoid the seller. I wouldn't create a post indicating the seller's a butthead, but fact is, the seller is a butthead if they renege on a deal (for just about any reason). Yes, it's the sellers item and prerogative to do whatever they choose, but if you have an agreement, honor it.

If a seller did that, then that can eat fecal matter and die as far as I am concerned.

However, none of the deals I personally have been involved in here on net54 have been anywhere like that.

[G1911]

Originally Posted by jingram058

If a seller did that, then that can eat fecal matter and die as far as I am concerned.

However, none of the deals I personally have been involved in here on net54 have been anywhere like that.

Death seems a bit severe for taking a higher offer

[BRoberts]

Originally Posted by G1911

Death seems a bit severe for taking a higher offer

Penalty of death applies only to a seller of a slabbed card.

[Mark17]

Originally Posted by G1911

Death seems a bit severe for taking a higher offer

Mr. Monk would say eating fecal matter would be worse...

[G1911]

Originally Posted by Mark17

Mr. Monk would say eating fecal matter would be worse...

Perhaps this can be the next contentious thread, debating whether being forced to eat shit or being killed is the appropriate punishment for taking a higher offer after a lower one was accepted, and which is worse to suffer. OP’s take seems entirely reasonable now that the bar of comparison has been lowered to this.

[Peter_Spaeth]

Originally Posted by G1911

Perhaps this can be the next contentious thread, debating whether being forced to eat shit or being killed is the appropriate punishment for taking a higher offer after a lower one was accepted, and which is worse to suffer. OP’s take seems entirely reasonable now that the bar of comparison has been lowered to this.

The expression contemplates both, sequentially.

[G1911]

Originally Posted by Peter_Spaeth

The expression contemplates both, sequentially.

I am aware.

[JollyElm]

Originally Posted by Mark17

Mr. Monk would say eating fecal matter would be worse...

You're my new favorite person! Absolutely love Monk!!