B/S/T Etiquette

[Leon]

Originally Posted by gregndodgers

As a lawyer who has negotiated multimillion dollar deals and is pretty well versed in contract law, I have to disagree with some of the posts on this thread. If a post is made (such as the one made here) that advertises specific cards for sale and that post includes the material terms of the sale, which besides a description of the item for sale, typically includes the sale price including shipping and handling, and the method of payment, then that is the offer, and the first to accept those terms is the rightful buyer and has, in layman’s terms, “first dibs.” Absent a good reason, an individual cannot simply choose whom to sell to.

Greg

Well, I don't know law and am not a lawyer, but that is not what this private forum's rules are. First dibs is almost always the case, but not always. Sellers here can sell to whomever they want to, or don't want to. They can even back out of a deal they said ok to. (as long as they don't make it a habit). Pretty simple.
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[ullmandds]

I have been on both sides of this dilemna on the bst. There have been atleast 2-3 occasions where I underpriced cards significantly and they sold quickly...and I honored the prices as it was MY FAULT.

Additionally I recall a time where I won an autographed pete rose kahns weiner card on the auction page here...at a bargain price. The seller attempted to reneg as he was not happy with the selling price. The net54 goonsquad backed me up and the seller was "encouraged" to honor the deal.

50 shades of grey?

[Leon]

Originally Posted by ullmandds

I have been on both sides of this dilemna on the bst. There have been atleast 2-3 occasions where I underpriced cards significantly and they sold quickly...and I honored the prices as it was MY FAULT.

Additionally I recall a time where I won an autographed pete rose kahns weiner card on the auction page here...at a bargain price. The seller attempted to reneg as he was not happy with the selling price. The net54 goonsquad backed me up and the seller was "encouraged" to honor the deal.

50 shades of grey?

Good. An auction is completely different. If anyone backs out of a sale of an auction item here they, at least, won't be able to use the BST areas any longer, if not banned altogether.

[nolemmings]

Hmm,
Seems like there's little to no reason for listing something on B/S/T with a "listening to offers" request when you can easily put whatever number you want and then just change your mind or delay to see if something better comes along. Then again I guess you can do that anyway, even if you start with a defined price. Makes me wonder what is meant by the term etiquette as applied to the net54 "marketplace".

[gregndodgers]

As a lawyer, I stand by my post 100%. As a collector, I stand by Leon 100%.

[OhioLawyerF5]

Originally Posted by gregndodgers

As a lawyer, I stand by my post 100%. As a collector, I stand by Leon 100%.

As a lawyer, I stand by mine 100%. There is no court that will find a post of a card for sale with a price and how payment is accepted, that doesn't express an intent to be bound to the first to accept the offer, constitutes a binding offer on the part of the seller. I provided you the most significant cases on the issue, including those that support the proposition that an invitation to treat can become an offer under the right circumstances. And none of them support your claim. Like I said, provide a case that provides otherwise. Those cases are very fact specific. And these aren't those facts.

[gregndodgers]

Originally Posted by OhioLawyerF5

As a lawyer, I stand by mine 100%. There is no court that will find a post of a card for sale with a price and how payment is accepted, that doesn't express an intent to be bound to the first to accept the offer, constitutes a binding offer on the part of the seller. I provided you the most significant cases on the issue, including those that support the proposition that an invitation to treat can become an offer under the right circumstances. And none of them support your claim. Like I said, provide a case that provides otherwise. Those cases are very fact specific. And these aren't those facts.

I have zero desire to spend any more time on this issue. However, as a final statement, if anyone deviates from what I have stated above, they are inviting a lawsuit, particularly when high dollar value cards are involved.

[JimC]

Originally Posted by Leon

Well, I don't know law and am not a lawyer, but that is not what this private forum's rules are. First dibs is almost always the case, but not always. Sellers here can sell to whomever they want to, or don't want to. They can even back out of a deal they said ok to. (as long as they don't make it a habit). Pretty simple.
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Leon:

Can buyers also back out of a deal they agreed to?

[Leon]

Originally Posted by JimC

Leon:

Can buyers also back out of a deal they agreed to?

Yes, at Net54baseball they can do it 1 time, as stated above. In over 20 yrs I don't remember it happening more than maybe a few times in many thousands of transactions (that I know about). So, it's sort of moot but yeah, as I said above, I think everyone gets 1 grace situation where they get buyers or sellers remorse. BUT, I am not a lawyer and this only pertains to the rules on this forum. If there is some law that overrides this, then I guess anyone can sue anyone in the US...I think almost all of us wish, at one time or another, we didn't do a deal we just did. I think it's nice to know you can make a mistake and not be banned. I would like to know about it and think I hear about most of that kind of stuff. A few members have been banned for not following through in situations but those were one-offs.
IF it hasn't happened, consider yourself lucky. And I don't think it's the worst thing in the world to call off a deal. It's not good but not the end of the world.

That said, I keep my word on all of my deals, but I do remember a situation where someone bought something off of my website. It hadn't been updated in a long time and 1 card was way, way off. So yeah, I called that one off as I wasn't going to eat about $7000....