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#559071 - 10/02/19 05:55 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Ian Wegg Offline

Talk Morgan Expert

Registered: 05/03/10
Posts: 2174
Loc: Petersfield, Hampshire, UK
Originally Posted By MDS61
I have reported the seller to Gillian @ Miscellany.

Thanks for your words guys, 99% agree, that this is poor form!

Mark


Although not a frequent poster, Gill is a member of TM so you could point her to this thread.
_________________________
1980 Royal Ivory 4/4 4-seater. B4771

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#559079 - 10/02/19 07:00 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
deano Offline

Charter Member

Registered: 12/02/12
Posts: 5328
Loc: Taunton
Very disappointing behaviour from a fellow club member.
_________________________
Martin (Deano)

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#559085 - 10/02/19 07:30 PM Re: Disappointed by fellow Morgan owner/member! [Re: PaulJ]
howard Offline
Part of the Furniture

Registered: 01/01/09
Posts: 4215
Originally Posted By PaulJ
Originally Posted By Stewart S
Originally Posted By Neilda
Originally Posted By Stewart S

But once the seller has agreed to sell to the buyer at the price verbally agreed the seller can not sell to higher bidder


This happens in property selling - gazumping. Which is not illegal in England.


Houses and land in England are all sold ‘subject to contract’ and so the sale of goods act doesn’t apply

Slightly different in Scotland


Could this also apply to goods like this, if the words 'subject to contract' were spoken at the time of the offer and acceptance or is this the actual contract and no further contract can be made?


What is required for a contract to be made is:
1/ an offer and acceptance of that offer. The acceptance must agree entirely with the offer and must not be conditonal
2/ consideration
3/ the intention to contract

There are other requirements but not relevant here.

Subject to contract or indeed subject to anthing else including swmbo's approval means that there hasnt been acceptance in full.

The Sale of Goods Act is irrelevant

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#559093 - 10/02/19 08:38 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Arwyn Williams Offline
Talk Morgan Regular

Registered: 08/08/15
Posts: 618
No holding and first to my door with the cash are my rules when I sell items.

I don't even take deposits on items, what use is taking 10% up front and waiting for the buyer to come up with balance for the next 6 months.

Arwyn

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#559101 - 10/02/19 09:26 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
ewn Offline

Has a lot to Say!

Registered: 10/04/16
Posts: 1158
Loc: NE Scotland
I agree a deal should be honoured, but there will be rules published for the sales section of Miscellany, I’ve no idea what they are, but it’s not fair to put Gill on the spot if the rules have been adhered to.

Buying and selling is full of pitfalls and people have been disappointing themselves and others since The beginning of time.

Forgive and forget, it’s not worth even an ounce of care.

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#559119 - 11/02/19 02:09 AM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
brownbaker Offline

Talk Morgan Regular

Registered: 23/09/10
Posts: 850
I agree with ewn,Gill should not be dragged into this silly argument.
As I wrote before again we have only has one side there are always two sides of a story.
Nobody jumped on me for saying that ?
There is privacy law so hope the seller is not named.
What is a shame this site will destroy itself with silly one sided arguments.

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#559211 - 11/02/19 05:38 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Bonesie Offline
L - Learner Plates On

Registered: 12/12/18
Posts: 178
Loc: Yorkshireman living in Surrey
Bad form, no doubt.

The OP is right to feel a bit miffed.
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Bonesie

Current stead - 'The Captain' Black +4

'Life is like a garden, dig it' *Joe Dirt farmer

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#559270 - 11/02/19 09:56 PM Re: Disappointed by fellow Morgan owner/member! [Re: brownbaker]
OZ 4/4 Offline

Talk Morgan Expert

Registered: 25/11/11
Posts: 2551
Loc: Australia - NSW Mid North Coas...
Originally Posted By brownbaker
I agree with ewn,Gill should not be dragged into this silly argument.
As I wrote before again we have only has one side there are always two sides of a story.
Nobody jumped on me for saying that ?
There is privacy law so hope the seller is not named.
What is a shame this site will destroy itself with silly one sided arguments.


No need for an argument. MDS61 has described what happened and if that's the case put that position clearly to MSCC and the Mag providing the vendor with a right of reply.....
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A Morgan Identified Fastidious Owner...
2011 4/4 Bespoke, 1981 Delorean DMC 12

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#559273 - 11/02/19 10:15 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
+8Rich Offline

Member of the Inner Circle

Registered: 15/12/09
Posts: 19446
Loc: Devonshire
I'm not an MSCC member but I do feel a bit sorry that this has been made very public on here and hope it doesn't create any negative effects for Simon etc.
I do feel sorry for the OP but feel that an email to the MSCC Classifieds maybe would have worked more effectively.
_________________________
Richard
1999 Indigo +8






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#559311 - 12/02/19 08:29 AM Re: Disappointed by fellow Morgan owner/member! [Re: +8Rich]
Northernmorgan Offline

Learner Plates Off!

Registered: 22/12/18
Posts: 257
Loc: Northern England
I agree Richard. It’s really between the OP, vendor and the club. These things happen in life sadly, it’s a shame but not the end of the world.
_________________________
John
1936 Austin Seven Ulster Replica

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