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Joined: Jul 2015
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Talk Morgan Regular
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Talk Morgan Regular
Joined: Jul 2015
Posts: 979 Likes: 2 |
So the latest Miscellany arrives last weekend and there is something within the For Sale items I would like to buy. I ring the seller last Saturday (Morgan Member - obviously) confirm the item is still for sale (I am the first caller) and after a brief chat, I agree to purchase. The item just needs to be weighed before posting and the seller agree's to call me on Monday. The payment method is confirmed and he says "thanks very much, it is sold to you". Monday comes and goes so I text him Tuesday to remind him to call me and confirm the total amount so that I can make payment....nothing comes back from him. So I call a few days after to confirm everything is still OK? And he states that he has sold to someone else. When I ask him how this has transpires, he says "I don't need to explain I have just sold it" and bang the phone goes down  I was kind of hoping that there was some honour amongst Morgan owners and I assume that this is NOT typical behaviour. It IS annoying though 
Honesty means doing it right, even when no one is looking!
2004 Roadster S1 3.0 V6 gone!
Mark
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Joined: Jan 2012
Posts: 4,333
Gone to Porsche Part of the Furniture
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Gone to Porsche Part of the Furniture
Joined: Jan 2012
Posts: 4,333 |
WOW, something i hate, people reneging on a deal, a mans word should be final in my book, many a time i have had people make me a better offer after i have shook someones hand, all i say to them is ' would you like me to do this to you' ?
Last edited by Dean-Royal; 09/02/19 04:41 PM.
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Joined: Jul 2007
Posts: 28,894 Likes: 351
Salty Sea Dog Member of the Inner Circle
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Salty Sea Dog Member of the Inner Circle
Joined: Jul 2007
Posts: 28,894 Likes: 351 |
Unfortunately, in every sphere, there are one or two that let the side down...
Graham (G4FUJ)
Sold L44FOR 4/4 Giallo Fly '11 MINI Countryman Cooper D All4 '90 LR 90 SW
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Joined: Apr 2014
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Charter Member
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Charter Member
Joined: Apr 2014
Posts: 5,182 Likes: 2 |
.+8 Now gone for a 1800 4/4. Duratec in bright yellow.
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Joined: Sep 2014
Posts: 990
Talk Morgan Regular
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Talk Morgan Regular
Joined: Sep 2014
Posts: 990 |
Disappointing to hear - and I'd wager not usual behaviour from a Morgan owner. Everyone I have had the pleasure to deal with in the realms of Morgan has been brilliant.
Unacceptable behaviour - if that person is on here I hope you bow your head in shame.
2015 Morgan 4/4 (Wolf fettled) previously 2014 M3W MINI Cooper S and numerous BMC/BL relics.
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Joined: Dec 2009
Posts: 37,407 Likes: 977
Tricky Dicky Member of the Inner Circle
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Tricky Dicky Member of the Inner Circle
Joined: Dec 2009
Posts: 37,407 Likes: 977 |
Not a good experience - I have never heard of it happening on here and I have bought and sold a couple of items over the years. I am surprised that a Morgan owner would do this TBH.
2009 4/4 Sport Henrietta 1999 Indigo Blue +8 2009 4/4 Sport Green prev 1993 Con Green +8 prev
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Joined: Jun 2014
Posts: 11,616 Likes: 43
Wave & smile... It's a Morgan Member of the Inner Circle
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Wave & smile... It's a Morgan Member of the Inner Circle
Joined: Jun 2014
Posts: 11,616 Likes: 43 |
You have a verbal legal contract where he has agreed the sale to you verbally
It’s legally binding in contact law
You can pursue a claim in the small claims court if you like and you should even though it’s not worth it to teach a lesson
2008 XXVII Platform, Bugatti Blue Roadster 4 Seater
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Joined: Mar 2010
Posts: 3,693 Likes: 130
Moderate or good, occasionally poor Talk Morgan Addict
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Moderate or good, occasionally poor Talk Morgan Addict
Joined: Mar 2010
Posts: 3,693 Likes: 130 |
It’s also illegal
You have a verbal legal contract where he has agreed the sale to you verbally
It’s legally binding in contact law I doubt that, there was no "consideration". In the words of Samuel Goldwyn "a verbal contract isn't worth the paper it is written on". But verbal or written, if nothing of value has changed hands then there isn't a contract at all. I would take it up with the club though, it is bad form for the magazine.
2011 Morgan 4/4 1932 Austin 7 Chummy
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Joined: Jun 2014
Posts: 11,616 Likes: 43
Wave & smile... It's a Morgan Member of the Inner Circle
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Wave & smile... It's a Morgan Member of the Inner Circle
Joined: Jun 2014
Posts: 11,616 Likes: 43 |
It’s also illegal
You have a verbal legal contract where he has agreed the sale to you verbally
It’s legally binding in contact law I doubt that. With no "consideration" there is no contract. No Ian I’m correct The ‘consideration’ is clear if the price is agreed and someone has agreed to sell that for that price and the person has agreed to buy it at the price verbally
2008 XXVII Platform, Bugatti Blue Roadster 4 Seater
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Joined: Jan 2019
Posts: 19
New to Talk Morgan
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New to Talk Morgan
Joined: Jan 2019
Posts: 19 |
Sorry to be pedantic but there is consideration- the price that was agreed to be paid It doesn’t have to actually change hands for it to be so. Having said that I don’t think it’s actually illegal ( no law has been broken) but is probably a breach of contract.
P..S I’m not a lawyer just waiting for my Morgan to be built!
Plus 4 110 HB57MOG
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