xcyfz450

[Tlongs400]

don't deal with this guy,first we have a deal and i am sending a money order and then he trys to back out cause someone else wanted to use pay-pal and then we had it worked out again and at the last minute he decides to back out and sell local so he does not have to ship.
a deal is a deal and you are only as good as your word.

[MOFO]

Did he take any of your money?

[xcyfz450]

nope he was sending money order monday i had a buddy i foud out later in the day that said he would take them so they got sold. saves me the hassle of shipping and i got cash in my pocket instead of waiting on money order. and i even pmed him to tell him not to send money out on monday. i dont think i did anything wrong?

[patches85]

Kinda shady if you already had a deal with him. IMO

[AtvMxRider]

He has a right to sell it to anybody he wants. He said he pm'd the guy and told him so I don't see where he did any wrong.

[derekhonda]

Originally posted by AtvMxRider
He has a right to sell it to anybody he wants. He said he pm'd the guy and told him so I don't see where he did any wrong.

No, actually If I put something up for sale for $100.00 and you say you will buy it and I say ok, thats a deal. And then later even if someone offers me $150.00 I would actually be breaking a contract by not selling it to you. It is something you could take to court, and won, but you would still end up losing money, better to just drop it.

It becomes more of a matter of business and personal ethics than anything.

[04'400ex'er]

Originally posted by derekhonda
No, actually If I put something up for sale for $100.00 and you say you will buy it and I say ok, thats a deal. And then later even if someone offers me $150.00 I would actually be breaking a contract by not selling it to you. It is something you could take to court, and won, but you would still end up losing money, better to just drop it.

It becomes more of a matter of business and personal ethics than anything. I completely agree.

[capeters]

It is ridiculous to soil this guys reputation because you thought there was a "deal" in place. It is the sellers perogative to pull a deal off the table at any time. There is no deal until money changes hands. People will be wary to do business with you based on your petty reaction to a failed transaction. If he took your money and didn't deliver, that is another story.

As for the $100 - $150 argument... That's even more ridiculous.

[derekhonda]

Originally posted by capeters
It is ridiculous to soil this guys reputation because you thought there was a "deal" in place. It is the sellers perogative to pull a deal off the table at any time. There is no deal until money changes hands. People will be wary to do business with you based on your petty reaction to a failed transaction. If he took your money and didn't deliver, that is another story.

As for the $100 - $150 argument... That's even more ridiculous.

Oh really...why dont you go read a business law book and then argue with me.

[Chino886]

Originally posted by derekhonda
Oh really...why dont you go read a business law book and then argue with me.

I have taken Biz Law I and II and I don't think he would have a claim........this may help you out....

Contracts are promises that the law will enforce. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Contracts arise when a duty does or may come into existence, because of a promise made by one of the parties. To be legally binding as a contract, a promise must be exchanged for adequate consideration. Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise/contract. For example, promises that are purely gifts are not considered enforceable because the personal satisfaction the grantor of the promise may receive from the act of giving is normally not considered adequate consideration. Certain promises that are not considered contracts may, in limited circumstances, be enforced if one party has relied to his detriment on the assurances of the other party.

The seller rec'd no consideration for the verbal promise, therefore no contract exists!

[skippy]

if i had soemthing sold and i didnt recive the money for it yet and themoney was not sent and someone offered me 150 that would be gone to them + if he didnt hassle to ship i dont see anything wrong with making extra money just dont get bent out of shape you didnt lose anything

[capeters]

Well now...Maybe you should have read the book. I guess just about everyone can read the book it is the understanding part that gets some people in trouble. I not only read the books I understood what they meant. It pays to know what you're talking about before saying anything. That way things don't get thrown back at you. Not everyone on this site is quite as stupid as you seem to think.

I'm not here to argue, the guy did nothing wrong as far as most people are concerned. There is no need to trash a person because they found a better deal for themselves.

I never step into these petty gripes, but it seems like the same people are saying the same things all over this site even though it is absolutely no business of theirs.

[Chino886]

Originally posted by capeters
Well now...Maybe you should have read the book. I guess just about everyone can read the book it is the understanding part that gets some people in trouble. I not only read the books I understood what they meant. It pays to know what you're talking about before saying anything. That way things don't get thrown back at you. Not everyone on this site is quite as stupid as you seem to think.

I'm not here to argue, the guy did nothing wrong as far as most people are concerned. There is no need to trash a person because they found a better deal for themselves.

I never step into these petty gripes, but it seems like the same people are saying the same things all over this site even though it is absolutely no business of theirs.

That was the point I was trying to make....I agree as you can tell by my post above.

[capeters]

Thanks Chino, people watch a little Judge Judy and they think they are lawyers.

[Chino886]

Originally posted by capeters
Thanks Chino, people watch a little Judge Judy and they think they are lawyers.

Notice I did not take a side either.....I was just correcting a fellow member.

[capeters]

There is no side to take. Some people are misinformed about dealings that may happen on these sorts of forums. There is virtually no chance you are going to get your money back if a person gets ripped off. That is why people use paypal, it is a safer alternative to checks, money orders, etc. It is unfortunate but true. The only recourse a person has is through feedback. You have to rely on that feedback to make a judgement on a persons character. That is why i feel it is wrong to drag a person through the mud unnecessarily. I can find no fault in a person who happens to find a more convient, safer way to sell there parts. After all, he did not take any money from anyone, and he let the guy know their deal fell through. That is the real issue here.

[derekhonda]

So let me paint a picture for you. I have a full set hiper rims for sale...$200. You say you will buy them, and send out a money order that day in the mail. The next day at school, my bud comes up and tells me he wants some rims for his quad and I go well hey I have a set...and he buys them.

I did nothing wrong right? You aren't mad at me...right?

[capeters]

Wrong. That is not what is being discussed here. The guy never sent the money order out! Do you see the difference? You send a money order you expect parts, that's the way it is supposed to work. If the person let's you know before you send the money order, you're upset but negative feedback isn't the way to go.

My turn for a paint brush... Suppose you just talked to a guy on this site on Thursday and he was going to buy your rims. He said he was going to send you a money order on Monday. Saturday you talk to one of your friends and he needs those rims and offers to buy them. Do you turn your friend away because a guy on a website said he would send you a money order? Are you certain that money order is really going to get there? What about your friend's need for those rims? Not to mention the hassle of shipping those rims. Or... do you contact the guy you talked with on the website and ask him if he sent the money order. If he sent it then the deal is done and your friend is SOL. If the guy didn't send it you explain the above situation and sell them to your friend. You're happy your friend is happy and the guy on the website will probably understand.

[derekhonda]

but i thought the difference was the consideration...the payment. Either way you havn't received it. So how is one way right and one way wrong?

[capeters]

This is pointless, apparently you refuse to accept the facts and laws as they are presented. You can confirm that the payment was shipped... Let the people who read these posts decide which is right and wrong. I'm certain you know the difference but aren't willing to admit it.

[derekhonda]

No, I was doing this story in strategy...to explain it to you. Its only "pointless" now because you see the actual truth. It doesn't matter if the payment is there or not, the actual deal is made when you both agree to a term. Doesnt matter if the check is in your hand or in the mail.

[capeters]

Strategy...LOL. Circular reasoning will only work with people who don't know better. I'm certain a real estate broker, car dealer or anyone who sells anything would have a slight problem with your logic. Good luck to you.



:rolleyes:

[derekhonda]

So I just talked with the head business law professor at IU, one of the best business law programs in the country...he sided with me.

The problem with both of our logics are we were focusing on contracts, which this is not. This is actual promisory estoppel...an equity (fairness) principal. As soon as there is there is a promise (a deal) with reasonable assurance, there is an agreement. So I guess in the end, the main question is was their reasonable assurance in his gurantee.....and the answer is yes.

:devil:

[Quad18star]

A deal is not a deal unless it's inked on paper or the cash is in the bank account .

I've had a lot of guys say " Oh yeah I'm gunna send you the money tomorrow for the parts " and never receive a dime .

[xcyfz450]

how was i sure he was going to send the money? he wouldnt pay with paypal cause he was keeping it from his wife. so i was concerened about waiting for money i may never see.

[derekhonda]

Originally posted by xcyfz450
how was i sure he was going to send the money? he wouldnt pay with paypal cause he was keeping it from his wife. so i was concerened about waiting for money i may never see.

True, thats where the reasonably reliant principle comes into play. Is it reasonably reliant that someone would buy quad parts off of you on a quad website....yes it is...it happens everyday...hes probably bought others....etc.

Is it reasonably reliant that he is going to spend $300,000 and buy your lake house.....no it isnt.

I'm gonna step outside of this battle now, I just dont like it when people break commitments on either side of the deals.

[Tlongs400]

hey xcyfz450 if u check my feedback i have never had any bad dealing with anyone on here.now u said we had a deal as far as i was concerned that was like a contract.u set the price, i said i would take them,then u backed out .and as far as how i pay, what the blank does that matter.it's not like i am going to rip u off,u weren't going to send the tires out till u got the money order anyway. so don't try that lame excuse.

anyway lets just let this dog lie

and derekhonda, at least someone looks at things like i do

later

[motox450r]

a very big problem with today's society, you can't take people for their word anymore. i'm old school. when you say your going to sell something to someone they deserve a reasonable chance to obtain your item or items. if not sell it somewhere else like ebay. if people would stick to there word this place would be a he.ll of a better place to live. if your worried about somebody sending your money then don't conduct business with them then. you should have said no when he couldn't pay pal ya. if you were running a company you wouldn't want to build clientell in this manner would ya? you don't even need to read any books to be smart enough to figure something like this out. it's common sense. this isn't that big of a deal. but!!!!! it does come down to right and wrong. i feel sorry for those of you who think this is the right way to do business. i was taught by my elders to do the right thing, and he should have had his chance to get what he was told. promises or contracts it don't matter. what we have here is a persons word, evidentally not a man. i'm sorry if ya don't agree, but this world was a much better place when you could take a man for his word. so let's hear your teeny bop remarks. if your a real man, step up and take RESPONSIBILITY for your actions. it also isn't that big of a deal either. that's another very hard thing for people in this world to do. i'm not perfect but i can admit if i have done wrong. it's easy to do when you live your life through your heart. i have been ripped off in life more than a few times in life trying to be a nice guy but i refuse to do things like this. have a nice day.

i've never seen so much crying over nothing....so you didn't get the part you wanted so what! you didn't send any money yet! there are people who've sent money and have never seen parts! now that's getting screwed! hey face it if you had something for sale and worked out a deal on the computer with someone, and your buddy the next day said "hey i found the money for that part now" you'd sell it to your buddy. you have to deal with your buddy on a regular basis so of course he's more important than a faceless stranger that you've never even heards voice. besides the fact that i'm sure you can find about 3 million more of whatever part your looking for on the internet. trashing someone/giving bad feedback over this is not fair. anyone who ever sells something is always looking for the best deal. and him selling without shipping was his best deal. and it's his part.....yeah take this this to court, i'd love to see a judges face...he'd be like "why is my time being wasted with this s h ! t?" move on people...

[derekhonda]

I don't even think anyone said they were taking it to court. I said it "could" be taken to court, and probably won. I know the point you are making, and yes it is probably the route most people would take on the issue. The bottom line is its bad business practice, and I am glad someone called him out on it. I will know the stay away atleast.....

Originally posted by derekhonda
I don't even think anyone said they were taking it to court. I said it "could" be taken to court, and probably won. I know the point you are making, and yes it is probably the route most people would take on the issue. The bottom line is its bad business practice, and I am glad someone called him out on it. I will know the stay away atleast.....

oooooooo nooooooooo i'm sure he's worried that YOU'LL never buy from him...gimme a break. doesn't look to me as though he/she owns an atv parts business, so i don't think it is a "bad business practice"..i'm assuming its someone that was just trying to get rid of something as quickly/easy as possible, that made him the most money for the least amount of work...uuuhhhh just like the rest of us. hey if you want to show some loyalty to someone you don't know over someone you do know, that's up to you, just like in this case it was up to him....'nuff said..........:ermm: