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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.


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Very disappointing behaviour from a fellow club member.


Martin (Deano)
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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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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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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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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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Bad form, no doubt.

The OP is right to feel a bit miffed.


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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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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.


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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
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