zilspeed
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| posted on 12/4/09 at 06:59 PM |
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What will happen here ? Can I make them sell ?
Browsing through ebay, I have just hit the BUY IT NOW button on this item.
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?V
iewItem&item=150338641365&ssPageName=ADME:B:EOIBSA:UK:31
Followed with an email.
"Hi, I would like to arrange to come and collect the Audi and pay you. When is convenient ?"
What do you all reckon will happen ?
Is this me out bargaining myself ? 
Cheers
JF
[Edited on 12/4/09 by zilspeed]
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Flamez
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| posted on 12/4/09 at 07:01 PM |
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shouldn't this buy iy now be followed by a "commit to buy"?
my build mac1motorsports
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theconrodkid
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| posted on 12/4/09 at 07:02 PM |
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who cares who wins
pass the pork pies
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zilspeed
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| posted on 12/4/09 at 07:04 PM |
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quote:
Originally posted by Flamez
shouldn't this buy iy now be followed by a "commit to buy"?
Oh, it was.
And I did.
Can I enforce this ?
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Benzine
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| posted on 12/4/09 at 07:09 PM |
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lol
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Hellfire
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| posted on 12/4/09 at 07:13 PM |
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Sadly, you can't enforce this. I think he'd sooner take negative feedback than sell it for 99p
I once did a similar thing on a beautiful Porsche 911 that was advertised with a Buy It Now price of £6,000. Hit the 'Buy It Now' button
and almost instantaneously the owner replied and told me he had made a genuine mistake and it should have been £60,000.
I figured there was no way on gods earth he was gonna sell me the car for £6K so didn't pursue things further. Would have been nice
though................
Phil
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mad_dogpompey
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| posted on 12/4/09 at 07:15 PM |
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nope sorry mate much as you think you could you can t. pretty funny though mate!
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Simon
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| posted on 12/4/09 at 07:18 PM |
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I think, in law at least, that this would constitute a) and offer for sale, and b) because there was no reserve, a sale at the noted price.
If it was me, I'd persue it
ATB
Simon
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zilspeed
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| posted on 12/4/09 at 07:19 PM |
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That's the thing though.
If this was a real life car auction, it would be my car now.
I've had two emails now from the seller.
Mistake is the explanation rather predictably which if I'm honest I knew anyway.
Had to hit buy it now though - you would.
Now, let's see what else I can find.
[Edited on 12/4/09 by zilspeed]
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mad_dogpompey
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| posted on 12/4/09 at 07:30 PM |
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sorry forgot to give the reason why it won t stand up. although by buying it you have a contract. ie he s offered the contract with the price and you
ve accepted. however for any contract to be legally recognised there has to be an intention to be legally bound. so mistakenly putting it on there at
the wrong price doesn t really count! shame hey!!!!! but oh well!
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mad_dogpompey
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| posted on 12/4/09 at 07:32 PM |
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oh and if you really want to read up on it i ll sell you my ou law degree books for a buy it now price of 99pence!!! pmsl!
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Hellfire
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| posted on 12/4/09 at 07:34 PM |
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Quite right;
When a retailer displays a product for sale, legally it is giving you 'an invitation to treat', which means it is inviting you to make an
offer to buy. The retailer can refuse that offer if it decides that it doesn't want to sell you the goods. To have a legally-binding contract
the retailer must have accepted your offer to buy. So your rights depend on where in the sale process you are.
Phil
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zilspeed
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| posted on 12/4/09 at 07:58 PM |
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This isn't a retailer.
This is a private individual.
As I'm sure you are aware, the conditions are quite different.
If I could just clarify, I am under no illusions as to what will happen here. I won't be getting the car.
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blakep82
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| posted on 12/4/09 at 07:59 PM |
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hmm, 94.1% feedback. wonder how often he's made the same mistake
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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mad_dogpompey
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| posted on 12/4/09 at 08:14 PM |
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yeh know it was just a what if question! good thing with ebay now though they can t give the buyer negative feedback!!!
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Bigheppy
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| posted on 12/4/09 at 08:22 PM |
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Its already relisted with a 99p start price
[Edited on 12/4/09 by Bigheppy]
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Theshed
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| posted on 13/4/09 at 08:12 AM |
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IMHO placing an item on e-bay with a buy it now option under e-bay terms and conditions is a clear offer to sell at that price. That offer is accepted
- forming a binding contract when the "confirm" button is pressed. Ordinarily that would be enforceable.
In the present case the contract could clearly be set aside for "mistake". A contract may be set aside for mistake if one person makes a
mistake as to the terms of the contract and the other party knows that the first party is mistaken - that is the situation here.
Generally setting aside a contract for "mistake" is a bit tricky - how can you show that the other party knew of the mistake? Not so
tricky when a £60,000 Porsche is advertised for 60p!
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Staple balls
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| posted on 13/4/09 at 08:47 AM |
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quote:
Originally posted by Bigheppy
Its already relisted with a 99p start price[Edited on 12/4/09 by Bigheppy]
A 99p start price is a smart thing, I've seen a study somewhere showing that you're likely to get a higher price if you start with a
really low start price, doesn't matter if there's a reserve price if you hide it, IIRC.
On the subject of buy it now, I suspect, if you're feeling mean, you could take it up with ebay and cause no end of hassle, but you're
unlikely to get the car at the end of it.
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JoelP
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| posted on 15/4/09 at 06:57 PM |
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i think it would be unfair to hassle him over it, its a genuine mistake. Have some charity!
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Mark Allanson
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| posted on 16/4/09 at 07:54 PM |
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quote:
Originally posted by JoelP
i think it would be unfair to hassle him over it, its a genuine mistake. Have some charity!
Joel, are you losing your sense of mischief?
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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MikeRJ
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| posted on 16/4/09 at 08:35 PM |
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quote:
Originally posted by zilspeed
This isn't a retailer.
This is a private individual.
As I'm sure you are aware, the conditions are quite different.
In what way are they different? Are you perhaps confusing contract law with liability?
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stevegough
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| posted on 20/4/09 at 08:07 PM |
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I see what you mean - DREADFULLY overpriced for an audi
Luego Locost C20XE.
Build start: October 6th 2008.
IVA passed Jan 28th 2011.
First drive Feb 10th 2011.
First show: Stoneleigh 1st/2nd May 2011.
'Used up' first engine may 3rd 2011!
Back on the road with 2nd engine may 24th
First PASA mad drive 26/7/11
Sold to Mike in Methyr Tydvil 19/03/14
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