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Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559071
10/02/19 05:55 PM
10/02/19 05:55 PM
Joined: Mar 2010
Posts: 2,314
Petersfield, Hampshire, UK
Ian Wegg Offline
Talk Morgan Expert
Ian Wegg  Offline
Talk Morgan Expert

Joined: Mar 2010
Posts: 2,314
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
Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559079
10/02/19 07:00 PM
10/02/19 07:00 PM
Joined: Feb 2012
Posts: 5,404
Taunton
deano Offline
Charter Member
deano  Offline
Charter Member

Joined: Feb 2012
Posts: 5,404
Taunton
Very disappointing behaviour from a fellow club member.


Martin (Deano)
Re: Disappointed by fellow Morgan owner/member! [Re: PaulJ] #559085
10/02/19 07:30 PM
10/02/19 07:30 PM
Joined: Jan 2009
Posts: 4,375
H
howard Offline
Part of the Furniture
howard  Offline
Part of the Furniture
H

Joined: Jan 2009
Posts: 4,375
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

Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559093
10/02/19 08:38 PM
10/02/19 08:38 PM
Joined: Aug 2015
Posts: 644
A
Arwyn Williams Offline
Talk Morgan Regular
Arwyn Williams  Offline
Talk Morgan Regular
A

Joined: Aug 2015
Posts: 644
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

Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559101
10/02/19 09:26 PM
10/02/19 09:26 PM
Joined: Apr 2016
Posts: 1,259
NE Scotland
ewn Offline
Has a lot to Say!
ewn  Offline
Has a lot to Say!

Joined: Apr 2016
Posts: 1,259
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.

Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559119
11/02/19 02:09 AM
11/02/19 02:09 AM
Joined: Sep 2010
Posts: 894
B
brownbaker Offline
Talk Morgan Regular
brownbaker  Offline
Talk Morgan Regular
B

Joined: Sep 2010
Posts: 894
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.

Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559211
11/02/19 05:38 PM
11/02/19 05:38 PM
Joined: Dec 2018
Posts: 384
Yorkshireman living in Surrey
Bonesie Offline
Learner Plates Off!
Bonesie  Offline
Learner Plates Off!

Joined: Dec 2018
Posts: 384
Yorkshireman living in Surrey
Bad form, no doubt.

The OP is right to feel a bit miffed.


Bonesie

Current stead -'The Captain' Black +4

'Life is like a garden, dig it' *Joe Dirt farmer
Re: Disappointed by fellow Morgan owner/member! [Re: brownbaker] #559270
11/02/19 09:56 PM
11/02/19 09:56 PM
Joined: Nov 2011
Posts: 2,780
Australia - NSW Mid North Coas...
OZ 4/4 Offline
Talk Morgan Expert
OZ 4/4  Offline
Talk Morgan Expert

Joined: Nov 2011
Posts: 2,780
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.....


A Morgan Identified Fastidious Owner...
2011 4/4 Bespoke, 1981 Delorean, 1936 Auburn Boat Tail
Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559273
11/02/19 10:15 PM
11/02/19 10:15 PM
Joined: Dec 2009
Posts: 20,721
Devonshire
+8Rich Offline
Member of the Inner Circle
+8Rich  Offline
Member of the Inner Circle

Joined: Dec 2009
Posts: 20,721
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.


Regards Richard

1999 Indigo Blue +8
2009 4/4 Sport Green
1994 Connaught Green +8





Re: Disappointed by fellow Morgan owner/member! [Re: +8Rich] #559311
12/02/19 08:29 AM
12/02/19 08:29 AM
Joined: Dec 2018
Posts: 308
Northern England
Northernmorgan Offline
Learner Plates Off!
Northernmorgan  Offline
Learner Plates Off!

Joined: Dec 2018
Posts: 308
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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