PROBATION DISCUSSIONS 21 21

[Doktor]

In general, it comes down to offer and acceptance, if either party specifies a price without condition the other party can accept that price.

If you're just tire kicking or fishing make it abundantly clear what you are inquiring only and not making an offer.

 

I would add that if the seller accepts the offer but adds a new condition (for clarity) that is not fulfilled (ie- the buyer placing a in the thread) THEN simply accepting the offer isn't the final step, the seller has requested confirmation and by doing so has added a helpful but unnecessary step that gives the buyer an opportunity to reconsider their purchase decision so if you ask for confirmation and it doesn't come - it's not PL worthy.

 

I do think adding the extra confirmation step is a worthwhile step for sellers considering some potential buyers don't realize that their inquiries can be considered offers by many sellers.

 

I disagree with sellers considering a query on price as an intent to purchase for that price. I think it's being presumptuous on the part of a seller.

 

"would you take $X?" is not the same question as "would you take $X? If so, I'll take it". One asks a question about if you would be willing to accept something, the other asks the same question but also confirms a desire to pay that price. Open-ended query vs query with implication dependent upon the response.

[Iceman399]

This is offer and acceptance.

 

Any reasonable person would view "would you take x" as an offer.

 

Big difference between asking if the price is firm vs putting a number to it.

[jaybuck43]

actually it's not even an offer. It's an inquiry. Offer is "I would pay you $500 dollars for that AF 15" Inquiry is "Would you take $500 for that AF 15". I'm not offering you $500 I'm asking you if you would accept $500, the answer to which is yes, at which point I can then follow up and say "I will pay you $500 for it" and you say "Ok accepted, mark it sold"

[HarveySwick]

actually it's not even an offer. It's an inquiry. Offer is "I would pay you $500 dollars for that AF 15" Inquiry is "Would you take $500 for that AF 15". I'm not offering you $500 I'm asking you if you would accept $500, the answer to which is yes, at which point I can then follow up and say "I will pay you $500 for it" and you say "Ok accepted, mark it sold"

[Tibex82]

This is offer and acceptance.

 

Any reasonable person would view "would you take x" as an offer.

 

Big difference between asking if the price is firm vs putting a number to it.

 

My thoughts exactly.

[revat]

This is offer and acceptance.

 

Any reasonable person would view "would you take x" as an offer.

 

Big difference between asking if the price is firm vs putting a number to it.

 

lot of reasonable people here who don't think it its an offer. At least not in its strictest legal sense. And because the rest of it is pretty subjective, I think we have to drill down to legalese.

 

I think most agree that it COULD be and probably SHOULD be considered an offer, but not necessarily that it IS an offer.

 

What if there were other follow up repsonses original question and answer?

 

Customer: Would you take $100 for it?

 

Dealer: Yes

 

 

Customer: Ok, I think my friend will want it, I'll try to send him in this weekend.

Customer: Would it be cool if I paid cash and got it for $90?

Customer: Can I see if there's other books I want and we can make a more mutually beneficial deal?

Customer: Are time payments available?

 

ANY of those questions could be reasonably asked after the initial question/answer which would materially change the terms of the agreement, which makes me think that a finalized agreement has not been made. Would it have been nicer to get more polite responses? Of course. But I don't think a deal was struck, though I do agree a person could think that.

 

 

 

[thunsicker]

actually it's not even an offer. It's an inquiry. Offer is "I would pay you $500 dollars for that AF 15" Inquiry is "Would you take $500 for that AF 15". I'm not offering you $500 I'm asking you if you would accept $500, the answer to which is yes, at which point I can then follow up and say "I will pay you $500 for it" and you say "Ok accepted, mark it sold"

 

I thought the followup should be "Then how about $400?"

[Scturo]

This is offer and acceptance.

 

Any reasonable person would view "would you take x" as an offer.

 

Big difference between asking if the price is firm vs putting a number to it.

 

I agree, but people can sometimes be unreasonable. Ive had multiple people negotiating for the same book(s). And complaints over who took it first. For this reason, I always state that the first in the thread trumps all.

[bababooey]

And here I was thinking how absurd it would be if something like the timeline was called into question

If not the timeline, which you aren't disputing, how about just the fact that his response is coming from thin air?

You are sharing his response to a PM you sent him - where is that PM or what did it say?

 

Once again, you are not sharing the cause of the responses you are offering as your proof. Leaving out the PM that compelled him to respond to you is the same as your failure to disclose why you accepted an offer while making reference to two other books that your non-buyer never asked about.

 

Same problem as before, you can't cherry pick a discussion so others will the conclusion you want them to reach.

 

I don't require a response to any of this but if you're going to go from "I'm not in the business of enforcing sales" to "I'm going to out this guy in an hour"...you should anticipate some scrutiny of your proof.

[retrothecollector]

Some people mark up books to give themselves some flexibility in price or allow for a discount.

Some are very eager to move a book and may sell much lower than their asking price rather than dealing with eBay.

 

How would you know if they fall into either category unless you asked? I don't think it's completely wrong to PM a seller to start up a dialogue. You've never walked through a Con or LCS and looked at a wall book and just asked:

 

"Hey, just curious...any wiggle room on that book?"

 

I'd never inquire about price and just:

 

HarveySwick has removed themself from this topic.

 

and I'd be clear to say - "Just curious, could you do..."

 

I'm also pretty responsive so if I asked and you replied "sure" I wouldn't leave you waiting.

 

I think if you make your intentions clear it helps the situation.

 

I hear what you're saying.

 

To be clear, I'm not against trying to negotiate a better price. However, the difference between "Is there any wiggle room on the price?" and "Would you take $100 for this book?" is night and day. Once a number comes into play, a sale could be inferred.

 

And to give you an example of the company you're in, the last person to ask if I'd take $x.xx for a book without actually wanting the book was HusTruck. Just sayin'...

So what you're saying is Tibex was Hustrucked?

[Dick Pontoon]

actually it's not even an offer. It's an inquiry. Offer is "I would pay you $500 dollars for that AF 15" Inquiry is "Would you take $500 for that AF 15". I'm not offering you $500 I'm asking you if you would accept $500, the answer to which is yes, at which point I can then follow up and say "I will pay you $500 for it" and you say "Ok accepted, mark it sold"

 

I thought the followup should be "Then how about $400?"

 

I think there's plenty of Boardies who would follow up with that.

 

I think we need comix4fun to get over here to explain about contracts.

 

If I say to someone verbally or in writing, “Would you take X for this comic?” I’m offering to pay that amount. You guys can parse semantics all you want, but that’s an offer. I don’t think I’ve ever said “I would pay you/give you X for this book” 'cause it sounds rude and isn’t conducive to negotiating. In fact, I just bought a big book via PM and asked “Would you consider X for this book?”

 

 

[Tibex82]

And here I was thinking how absurd it would be if something like the timeline was called into question

If not the timeline, which you aren't disputing, how about just the fact that his response is coming from thin air?

You are sharing his response to a PM you sent him - where is that PM or what did it say?

 

Once again, you are not sharing the cause of the responses you are offering as your proof. Leaving out the PM that compelled him to respond to you is the same as your failure to disclose why you accepted an offer while making reference to two other books that your non-buyer never asked about.

 

Same problem as before, you can't cherry pick a discussion so others will the conclusion you want them to reach.

 

I don't require a response to any of this but if you're going to go from "I'm not in the business of enforcing sales" to "I'm going to out this guy in an hour"...you should anticipate some scrutiny of your proof.

 

Please just stop. I clearly have nothing to hide here. As stated before, the buyer is clearly and wholly aware of the ongoing discussion. If I was being a total and unreasonable hat here, I would be expect to be called out by the buyer which I would understand.

 

So let me get this straight.... I'm "outing" a buyer whom I have not named to enforce a sale which I have no interest in completing? What is my endgame here? You seem to have some mysterious interest in the situation although it has been made clear that IT IS A DONE DEAL. I don't know where your unchecked aggression is coming from, but I'd be happy to meet and arm wrestle for dominance if that will make you feel better.

[Jeffro.]

Don't minimize Baba's mess disturbing skills.

 

He does make a mean captioned video

[Iceman399]

So me asking a lady of the night "would you take $500?" doesn't count as an offer? Good to know...which of you can I call on when I get arrested for solicitation?

[revat]

So me asking a lady of the night "would you take $500?" doesn't count as an offer? Good to know...which of you can I call on when I get arrested for solicitation?

 

solicitations are also not the same as offers.

[Iceman399]

So me asking a lady of the night "would you take $500?" doesn't count as an offer? Good to know...which of you can I call on when I get arrested for solicitation?

 

solicitations are also not the same as offers.

 

"Solicitation of prostitution does not require a completed act of sexual conduct. The mere agreement or offer to complete a sexual act in exchange for a fee (i.e. money) is enough to support a solicitation charge."

 

I am not offering I was just inquiring.

[revat]

 

solicitation

 

 

 

 

 

 

 

 

 

 

 

 

Solicitation

 

 

DefinitionAdd to FlashcardsSave to FavoritesSee Examples

 

Act or instance of requesting or seeking bid, business, or information. Unlike an offer, a solicitation is not a clear indication of the intention to enter into a binding agreement.

 

 

Read more: http://www.businessdictionary.com/definition/solicitation.html#ixzz3WB77I7ac

 

[revat]

An offer does meet the legal requirement to make a 'solicitation charge,' as it is 'more' than actual solicitation. But that doesn't mean they're the same.

[KPR Comics]

In my state, solicitation requires (i) offer of money for sex and (ii) a substantial act in furtherance thereof.

 

Kinda like making a football move after receiving the ball.

[Mayor006]

So you're good to go in Dallas?