Can a buyer MAKE me sell something to them legally?

He's right and you would lose in court. When you accepted his offer and he sent you the check, you became legally bound to deliver it.

THE "MAILBOX RULE"

Although revocation and rejection of an offer are effective when received, the general rule is that a contract is made when the acceptance is dispatched, even though the letter of acceptance is lost and never reaches the offeror. This is the rule of Adams v. Lindsell (K.B. 1818) 106 Eng.Rep.250. In California this rule is codified in Cal.Civ.Code §1583. (See Rest.2d §63) Consent is deemed to be fully communicated when the offeree has placed his acceptance in the course of transmission to the offeror. In other words, acceptance is effective upon dispatch.

 

Actually, it's not his to sell anymore. An offer to sell at a price can be rescinded but it has to be done before the money is sent. Once the buyer acts, the item is no longer the seller's property even if the check is in transit. Once the check was placed in the mailbox, it became the buyer's property.

 

The buyer isn't being greedy. He bought an item for the listed price and the seller changed the terms of the sale after the money was sent. He's legally entitled to the item. We would all be upset if it had happened to us. He isn't doing anything wrong.

 

If you're more concerned about what is legal than what is right, then you're no better than the politicians. Keep away from me.

 

ding

 

Even if the agreement wasn't in writing you AGREED to a set price. If you needed to change the price, then you should have done it BEFORE you AGREED to a certain price. It's not the buyers fault you are in hock to the IRS and need the $$$$.

Just because he might have $$$ since he bought your item, he paid what you asked. Sell something else or set up a payment plan for the rest.

Your WORD should be worth more than $$$.

 

i was actually gonna use real estate as an example. at least in SC (dont know other states laws) you can back out of a real estate deal at any point before money is transfered. but here's the catch. the buyer can sell the seller in that situation, but only for a certain amount. for example, say you found a house for 160k and it was a great deal. the seller backed out. all the other houses you looked at that were similar (size, bedrooms, location etc...) are 180k. you can sue for the difference, 20k. but you cant legally make someone give you their home or anything they own, but you can sue them for the difference, if that makes sense. in most situations like that the seller would give up the house than take the hit, but they dont have to.

 

ok, so i just finished this thread and i'm a little disappointed that we dont have any update. i also am disappointed that you wont mention what you are selling? it must be a porn collection cause you seem pretty adamant about not giving details.

anyway, without name calling or judging here is my 2 cents....

morally, you know which way to go, you should honor your word

legally, i dont think you have to sell him anything. verbal contracts come with a lot of stipulations and change from state to state. so the fact that you are in two different states probably means you aren't legally bound. of course i dont know for a fact but i would guess you are not. there are other reasons i think you are legally not bound, but i dont feel like typing them all in an old tread, especially since we dont have any details

 

i tried to make it my biz but something happened to the economy....

i know its not a good idea to back out of a RE contract and you may or may not pay out the ass for it but nobody can make you sell if you dont want to.

 

Whenever I sell something I make it clear that the first person to show up with cash in their hands gets the goods. It is as simple as being forthright and protecting your interests. It happens on the other side too. You get in agreement to sell something at a given price and all a sudden the buyer is trying to squeeze you for something extra. Or they disappear for a few days while you are trying to move the goods.

No deal is done until the cash changes hands.

 

Actually, he did enter into a contract. The dissed buyer could sue you and he would win, but not cost effective over even a $500 camera.

 

just remember all a man has in this world is his word and his balls man seriously have some integrity and just do the right thing and sell it to whom you agreed to first

 

^ i think Al Pachino said that in "scarface"

"All I have in this world is my balls and my word and I don't break them for no one"

Seriously though man.. When you give someone your word..Own up to it.

 

Ditto. Do the right thing.

 

hmm

 

if he ever comes back i would like to know what happened though