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Old 09-19-2014, 01:22 AM   #61
Lloyd Heilbrunn
Quote:
Originally Posted by Lucille View Post
The asking price in most ads is an invitation for an offer, not the offer itself, except in very specific circumstances. Further, there are always further details such as shipping.
We are going to have to disagree on this then.

If you agree to pay the asking price plus shipping, shipping details are not a material element of the agreement when they are pretty industry standard for reptile sales(ie next day air).


And even we agreed legally, I'm not sure your position lives up to the BOI "doing the right thing" standard. The immediate oral response to "I'll take them" should have been: "I'm waiting on other offers, as price is not the only factor I'm considering" because that is not standard in reptile sales....
 
Old 09-19-2014, 01:24 AM   #62
nickolasanastasiou
People tell me they will take what I am selling every day and many do not pay. Those, too, are not sales. Funds were not yet sent. Having sat on both sides of these kinds of transactions as both an enthusiastic desiring-to-be-buyer and "experienced" seller, I feel for both parties, but logically side with the seller in terms of how this played out.
 
Old 09-19-2014, 08:21 AM   #63
Lucille
Quote:
Originally Posted by Bobby Douglass View Post
So if someone says the price is $650 it doesn't really mean the price is $650? Where did you come up with that?
It may be that the price will be $650. Look at what I actually said. An advertisement is an invitation to an offer in most cases and there are good business reasons for that. Check out contract law.


Quote:
Originally Posted by Lloyd Heilbrunn View Post


And even we agreed legally
I hope we do, Lloyd. There was no acceptance. You cannot accept something that is an invitation for an offer, and you cannot even accept a valid offer 'pending discussion' on important items such as shipping and payment, in these circumstances where the buyer and seller did not have prior course of dealing.

As far as your point about how the seller responded, I think you are right, she really should have said something to indicate that she may have had other offers or even that she would wait for further offers. That she did not is certainly something we can agree was less than appropriate, but it still does not turn what happened into a sale.
 
Old 09-19-2014, 10:20 AM   #64
CMReptiles
Why should a seller have to indicate they were entertaining other offers at all? IMHO, entertaining other offers is the seller's business at that stage in the discussion. Yes, it sounds like she's leading them on, but I also happen to know buyers tend to think of an animal as "theirs" as soon as they begin the discussion with the owner. This can make them defensive and aggressive if the seller decides they were not a good fit for the animals involved. No deposit was put down, or even discussed, so this person has no final claim to those animals whatsoever. End of story.
 
Old 09-19-2014, 02:04 PM   #65
SapphireTigress1
Just want to point out a few things: I never planned on selling my adult blueys. This was a new thing to me...and the ad had been up A DAY AND A HALF. I was entertaining offers. Was talking to several people on several different sites... and again...it said so in the ads that I didn't save SMH

I normally sell sand boas. They have a set price, they have a set shipping method, etc. This is the FIRST time I've EVER sold blueys. I usually sell in locally, so I apologize if my openness with the seller was something I should have kept to myself. Wasn't even sure if I'd have to ship, and as the ad had been up for so short a time, I didn't have supplies yet...its not exactly hard to go to the store and buy shipping supplies in about 30 mins.
 
Old 09-19-2014, 02:07 PM   #66
SapphireTigress1
"and we even agreed legally"....

no. that is false. I NEVER mislead the interested party that I was entertaining offers, and I NEVER ONCE ACCEPTED ANYTHING other than the fact that they were interested in a price of $650 for my lizards. I am very careful to only say what I mean, especially in matters like this.
 
Old 09-19-2014, 02:27 PM   #67
Lucille
Allyssa I think you misunderstand. I believe Lloyd is saying that even if he agreed legally with my premise that an ad is an invitation for an offer (and as such there can't be a contract created merely by saying 'I'll take it') that he had further issues (which he enumerated and I agreed with).
 
Old 09-19-2014, 04:27 PM   #68
Bobby Douglass
Quote:
Originally Posted by Lucille View Post
It may be that the price will be $650. Look at what I actually said. An advertisement is an invitation to an offer in most cases and there are good business reasons for that. Check out contract law.



Contract law has no relevance here. I never said she was legally obligated to do anything. I don't even think the seller did anything wrong. I'm just saying I understand why the "buyer" misunderstood and was disappointed. What's wrong with that?
 
Old 09-19-2014, 09:24 PM   #69
Chris Kennard
Quote:
Originally Posted by CMReptiles View Post
So if it was just about money why did she accept a LOWER OFFER OF MONEY? That argument makes no sense honey.
What makes no sense is that she took less money...honey.
 
Old 09-19-2014, 09:29 PM   #70
Chris Kennard
Quote:
Originally Posted by CMReptiles View Post
Ah ah. There is NO REMOVING THINGS FROM THE BOI. So your shame is here for all to see....it's shameful the admins had to step in to slap your s**t.
Pathetic post.
 

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