Quote:
Originally Posted by nolemmings
This thread has strayed so far from the original post and its mention of etiquette that I’m not sure why I bother.
It’s acknowledged that the chances of any listing in the net54 B/S/T section leading to a lawsuit are negligible, so that most of what some lawyers here continue to scribe is best saved for lecturing Business Law students at the nearest community college. BTW, there is almost certainly an offer if a b/s/t listing contains all material terms and includes “first to say I’ll take it wins”. Because I have seen this expression used from time to time I trust sellers know the significance of using such language and that they might take heed of caveat venditor. Also, please know that the issue of whether a b/s/t listing is merely an invitation to treat or instead a binding offer can be a question of fact– not necessarily a slam dunk. So there you go net54 members, more legal nuggets for you to consider that have very little to do with etiquette or the practical functions of this forum.
Disturbing to me is some apparently accepted notion that nearly all b/s/t listings here are nothing more than invitations to make an offer, especially when all material terms are expressed in the listing. I believe Leon has stated that a forum member can back out of a deal once or twice but not often without consequences, since we all have things happen. But there is a difference between backing out of a deal and saying there was no deal in the first place. I understand the reluctance of having rigid rules or many rules at all for that matter in the b/s/t arena, but I would appreciate better guidance. Like most people here I could understand some unusual circumstances where I agree to all terms listed and am first to respond but don’t “win” the listing, but to suggest that most listings can be treated as insubstantial and unilaterally changed after someone says they will meet the terms does not instill market confidence, IMO, and certainly seems an affront to etiquette.
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I certainly understand (not the law part
) what you are saying. IF I seemed to insinuate backing out of a deal, when no money has changed hands and/or the item hasn't shipped yet, is ok, it's not.
It's just that I feel giving a grace is the right way to do it. We are all super passionate. I had a board member crying over a deal one time. So, I let him undo it. It was a 30k+ deal too. He is still on the forum and is a good hobby friend. But I would have let anyone back out for the right reasons. Also, anyone who backs out of a legitimate deal will, at least get an infraciton on the forum. They aren't used often but they are for public viewing on anyone's profile. And, after thinking about it, if anyone backed out twice, without some extraordinary reason, they will be banned. Making a deal on the forum should always be followed through with. In my experience, it is very rare for someone to back out of deal on the BST. (other than a time-stamp dispute LOL, had to circle back)
I am on my 3rd bag of Shotwell Checkers Popcorn!
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