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Can a buyer MAKE me sell something to them legally?

Discussion in 'Off-Topic Discussion' started by ERdept, Jun 29, 2009.

  1. Jun 29, 2009 at 10:36 AM
    #1
    ERdept

    ERdept [OP] Well-Known Member

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    I have a situation that is not truck related, but I recently sold item X on online forum, say a camera to make things concrete.

    I priced it at $10 for example and said to the person who originally wanted it, the deal is done.

    Later he sends mails me out a check. BUT, I get another offer of $15 and want to sell it for the higher price cause that would help me out.


    Now I told the original buyer that I'm going to refuse to sell to him and refuse acceptance of his check in favor or the higher offer (original buyer won't pay more)


    The original buyer says that I entered into a legal binding contract and that I MUST sell it to him or face legal consequences.


    Is this true?
     
  2. Jun 29, 2009 at 10:37 AM
    #2
    MyToyTaco

    MyToyTaco ╒╪╕

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    i dont know if thats true, but i'd be pissed if i were in his shoes too =/
     
  3. Jun 29, 2009 at 10:41 AM
    #3
    jasonh

    jasonh tossed salad anyone?

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    screw that. its yours and you have the right to sell it to who ever you want. unless this forum has rules that you agreed to when signed up. check the term and conditions of this forum.
     
  4. Jun 29, 2009 at 10:44 AM
    #4
    jasonh

    jasonh tossed salad anyone?

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    lol money talks dude. you only keep your word to friends and family.
     
  5. Jun 29, 2009 at 10:44 AM
    #5
    BSPDX

    BSPDX Well-Known Member

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    Well put! I agree...:thumbsup:
     
  6. Jun 29, 2009 at 10:46 AM
    #6
    bb609

    bb609 O.F.

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    The potential buyer made an offer that you accepted which is a verbal agreement and legally binding for items less than $100 where I live. IMO, a man's word is more important than any legal b/s. If the original offer was okay, you should live with it and move on. Learn your lesson for the next sale.
     
  7. Jun 29, 2009 at 10:47 AM
    #7
    rab89

    rab89 Well-Known Member

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    you never signed anything... there wasn't even a contract, let alone a legally binding contract! if the price difference is a 50% gain (from $10 to $15) then it's worth it for you to sell it to the second buyer. just sucks for the initial buyer
     
  8. Jun 29, 2009 at 10:48 AM
    #8
    djs05tacoma

    djs05tacoma Well-Known Member

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    I don't think it would be legally binding unless you already cashed the check from the original buyer. Unless it was an auction website then usually in the fine print they say you are required to sell the item if the reserve is met blah blah.

    But either way if you under priced it and got a better offer after you already got your selling price then thats on you for not asking more to begin with. Probably going to get a lot of shit on the online forum for changing the price after the fact. my .02
     
  9. Jun 29, 2009 at 10:49 AM
    #9
    KMN-BLU

    KMN-BLU less work/more play

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    A mans word is about all he has worth a damn nowadays.

    I say if you agreed to a "done deal" then its up to your heart to be true to your word. What if you were on the buying end of this transaction?

    Its your item and you can say Fk it over a few dollars if you want. But if someone comes back and trashes you for it then your word wont be worth shit again on that site.

    Just my opinion.
     
  10. Jun 29, 2009 at 10:50 AM
    #10
    T@co_Pr3runn3r

    T@co_Pr3runn3r XXXXXXXXXXXXXXXXXXX

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    Only an offer to good to turn down can MAKE you sell anything. Nothing is legally binding unless you sign something & 3 days has gone by..........
     
  11. Jun 29, 2009 at 10:51 AM
    #11
    rab89

    rab89 Well-Known Member

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    what were you selling him? that matters a lot, if it was a $10 camera.. then just sell it, but if it was a $5000 atv, and the price change is a lot, then maybe take the second offer..
     
  12. Jun 29, 2009 at 10:53 AM
    #12
    DeeKay21

    DeeKay21 Lieutenant Dan.

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    X3. Plus if its only a $5 difference. I mean come one man. Now if it was like $500, then that would be a different situation.
     
  13. Jun 29, 2009 at 10:54 AM
    #13
    ERdept

    ERdept [OP] Well-Known Member

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    That is absolutely true that I rec'd a lot of grief.

    I understand honorably that I should have stuck to selling it to the first buyer.

    Here's the background. I got a IRS letter saying I owe about approx. $4000.

    I needed to get rid of something fast, and panicked and priced, say in this case a camera for $3200.

    Said to the first person that wanted it, it was sold to them.


    Later the same evening, I get a response saying second party would buy it for $4000.

    Gets me out of my bind.

    So I say to first buyer that I need to do what's in my best interest and go with higher/second buyer.


    First buyers calls me names, and said that my agreement to sell it is a legal binding contract and that I now have to give camera to him and accept delivery of payment.

    I said, I'm refusing to accept his payment and I'm going sell to second buyer because this would help my life.

    Fist buyer is pursuing this like a blood hound as the deal is amazingly good and unheard of, as I panicked to find money for IRS.


    Is there any legal recourse for first buyer? He won't back down and says he's having his lawer contact me.
     
  14. Jun 29, 2009 at 10:56 AM
    #14
    Pster

    Pster Well-Known Member

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    What he said x2. If Buyer #1 were to press his case in court, you would lose. But, this is a case of LAW, not of FACT.
     
  15. Jun 29, 2009 at 10:57 AM
    #15
    bb609

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    No. Generally, for that amount of money it must be in writing. You're still a scumbag though!:D


    Edit - However, I'm no attorney and a posted thread or E-mail might be considered a written contract these days.

    Also, did you know that you can arrange a payment plan with the IRS???
     
  16. Jun 29, 2009 at 10:58 AM
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    rab89

    rab89 Well-Known Member

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    See, you guys were saying he needs to stick to his word, but if it's gona help you get out of your bind, then do what you gotta do.

    I don't think he has much of a case, nor will he spend the time and money to do anything about it.

    Tell him your sorry, try to explain your situation and hope he is a gentleman about it.
     
  17. Jun 29, 2009 at 11:00 AM
    #17
    Snipe

    Snipe Well-Known Member

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    If your even having to think this one out then your word ain't worth shit anyway.
     
  18. Jun 29, 2009 at 11:01 AM
    #18
    ERdept

    ERdept [OP] Well-Known Member

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    I explained everything, but because the bargain is so good for the equipment, he's doggedly pursuing it.

    No, I know my morals and wouldn't normally do this, in fact never have, but the higher price would get me out of bind with the taxes.

    First buyer does not care at all as the deal won't allow him to hear it any other way.

    I refused to accept delivery of the money from Fed Ex, who said they return the package to the original shipper.



    Yes, I"M whatever bad word you need to call me, but I"m asking a about the legality. Not asking you to attack me. Cause I need to do that which will help my personal situation.
     
  19. Jun 29, 2009 at 11:02 AM
    #19
    22b22

    22b22 Well-Known Member

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    If you agreed to terms and took receipt of the money (even if you did not cash the check), you are obligated (possibly legally) to abide by those terms. A verbal agreement is legally binding (depending on the item and value) in the US.

    Written agreements, even if written by laypeople (us non-lawyer types) can be damning if you violate the intent of the agreement, which it sounds like you are attempting to do (written terms via an online forum/messaging system)

    Returning the money in lieu of the item may work as a good faith effort if the item was damaged prior to delivery (the courts would side with you if you could prove the damage if there was need to go to court).

    All that aside, this is an opportunity to know your a man of your word. If not, you'll know how much your word is worth.
     
  20. Jun 29, 2009 at 11:02 AM
    #20
    Krazie Sj

    Krazie Sj Resident Jackass

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    x2


    I highly highly doubt it. There's no way to prove that you two agreed on the set amount. I would have just explained my case to the first dude and been like, look, here's the deal, I'm sorry it turned out this way. I would still love to sell it to you if you can match the second buyers amount.

    If he's going to be a prick, tell him to go pound sand.
     
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