APOLOGY NOT ACCEPTED - Thread has de-railed!!

[RockMyAmadeus]

I put a bid on a Clink BIN listing. I received a counter offer. A small time window transpired as I did not see the counteroffer immediately. When I went to accept the offer someone else had hit the BIN and the book was gone.

According to RMA and some of the Board Lawyers should I not have been entitled to the book ? The Seller's counter offer should have been binding.

 

This is not my position, as I explained earlier.

 

On CLink, it is explicit in the format that if someone comes along and hits the BIN on an automated system, that authority is final.

 

No such format exists here.

[universal soldier]

After a a round of golf this AM and a lovely day outside I'm off to dinner with the GF. I expect at least 15 pages of bickering when I come back.

 

You all have exceeded my expectations. Almost 30 pages of is much better. Multiple attempts to bring things back on topic have failed.

[RockMyAmadeus]

I put a bid on a Clink BIN listing. I received a counter offer. A small time window transpired as I did not see the counteroffer immediately. When I went to accept the offer someone else had hit the BIN and the book was gone.

According to RMA and some of the Board Lawyers should I not have been entitled to the book ? The Seller's counter offer should have been binding.

 

You're ignoring that the buyer, in this case, had already seemingly agreed to terms. There are not the same...

 

It's the same because the seller said PMs mean nothing if someone posts I'll take it in thread. Effectively a De facto "buy it NOW".

 

-J.

 

Then Dan had no authority to finalize a deal in PMs, which he did, thus violating his own rule. If he had no authority to finalize a deal in PMs, he was required to explicitly state that to any and all PM negotiators upfront.

 

That Tranny did not know he didn't have that authority is not Tranny's responsibility.

[BarryAllen]

How is this still a thread?

[RockMyAmadeus]

I don't think anything is going to be settled over this back and forth. Some believe Dan was right, others that he was wrong. No matter anybody's opinion, Dan did what he stated in his rules..

 

Except where he didn't.

[RockMyAmadeus]

 

Then he should have followed his own rules and not negotiated a deal outside of that term.

 

I am a long-time lurker. I really enjoy your posts (most of the time).

 

I was glad when you started posting again after the emoticon period.

 

You made your opinion clear- this is not how you would conduct a thread or a transaction.

 

But dude, sometimes you gotta know when to shut up.

 

 

Thank you for your opinion, but I don't tell anyone, anywhere, how, when, why, and what they should post, except that it follow the board guidelines, and would very much appreciate the same courtesy, regardless of how "nicely" the statement may be couched.

 

That's fair, no?

 

Sometimes, the chutzpah around here is quite shocking. It's times like this that I *really* wish there was a reverse ignore, so those with issues wouldn't have to be inflicted with what I say.

 

[RockMyAmadeus]

 

Then he should have followed his own rules and not negotiated a deal outside of that term.

 

I am a long-time lurker. I really enjoy your posts (most of the time).

 

I was glad when you started posting again after the emoticon period.

 

You made your opinion clear- this is not how you would conduct a thread or a transaction.

 

But dude, sometimes you gotta know when to shut up.

 

 

 

 

 

Just him?

 

Thanks, kav.

[kav]

 

Then he should have followed his own rules and not negotiated a deal outside of that term.

 

I am a long-time lurker. I really enjoy your posts (most of the time).

 

I was glad when you started posting again after the emoticon period.

 

You made your opinion clear- this is not how you would conduct a thread or a transaction.

 

But dude, sometimes you gotta know when to shut up.

 

 

 

 

 

Just him?

 

Thanks, kav.

[RockMyAmadeus]

There's a lot of stupid in this thread. Interesting to note some folks here I normally clash with advocating that what happened was unjust.

 

That's called "intellectual honesty"....

 

 

PS. PMs can be altered without any record that they were. Timestamp is nice, but fairly meaningless in a dispute.

 

If I send a PM to someone, I can alter it at any time, before or after it has been read, and if the recipient challenges me, I can simply point to whatever the PM says NOW...even if they quote me, I can claim that they simply altered the quote.

 

 

[porcupine48]

Alright, let's look at this in maybe a little different way, and maybe convince Roy, Jaydog, and the others...

 

Let's consider the rule: " posted in the thread trumps ALL PMs"

 

There is nothing wrong with this rule.

 

As stated before, a seller can have any (legal and board allowed) rules he/she wants.

 

The problem isn't the rule. The problem is that Dan didn't abide by that rule.

 

Here's why:

 

When Dan posted that rule, he bound himself by it. When he opened and concluded a deal in private, he essentially created TWO Dans, with TWO different sets of terms.

 

How?

 

Because the Dan of the sales thread said, unequivocally " in the thread trumps ALL PMs"...and that includes any and all finalized deals that the Dan of the PM thread may have conducted.

 

If " in the sales thread trumps ALL PMs", then Dan shouldn't have been able to finalize ANYTHING in PMs...the ACTUAL finalizing being done when the buyer posts in the thread. But that's not what Dan did. He finalized a deal in PMs, without making sure the buyer fulfilled the original terms of the sale FIRST.

 

He essentially told Tranny one thing...but then did something else.

 

See, the Dan of the PM thread didn't have the authority...according to the rules of the Dan of the sales thread...to finalize ANY deal, without the buyer FIRST satisfying the terms already laid out. Dan had already bound himself by his own terms, but failed to make sure the buyer followed them before FINALIZING the deal (by virtue of Dan making an offer that he, Dan, would find acceptable.)

 

In other words: Dan of the PM thread had no authority to finalize any deal with anyone, without the terms Dan of the sales thread had already laid out being fulfilled first.

 

But Tranny had no idea that Dan of the PM thread didn't have that authority, because the idea is schizophrenic. Who would know that a single person would lack the authority to make a deal for his own property, because of the terms to which he'd bound himself beforehand, which terms he failed to make sure were fulfilled FIRST?

 

We know this is true, because it's actually what happened.

 

That term is the only one of all the terms that could immediately cancel an already finalized deal in favor of another buyer. All the rest of the terms did not have that power.

 

As such, it ended up being the central term of ANY deal, and as such, Dan was not only obligated to make sure the buyer satisfied those terms BEFORE THE DEAL WAS FINALIZED, he was REQUIRED to.

 

Tranny did not know that this term could undo the deal, and how could he? He thought the Dan of the PM thread HAD the authority to finalize a deal, but he didn't.

 

And we know that he didn't, because he, contravening his own authority, finalized a private deal, without making sure his original terms were met FIRST. He had no authority to tell Tranny a deal was made, pending only Tranny's acceptance of the price, by his own rules. Buyers must meet ALL terms and conditions of a sale before it is final.

 

And, thus...the problem.

 

PS. This issue, as most issues, isn't about who is right, but what is right. Maybe we could then save the aspersions being cast about in that regard?

 

PPS. There is no "argument being put forward that once negotiations start, all the rules go out the window." That's not what is being said. Perhaps this will clear up that misunderstanding.

 

There you go as in unburied post. I choose to stay out of the disagreement

for you rock

[RockMyAmadeus]

 

There you go as in unburied post. I choose to stay out of the disagreement

 

[porcupine48]

And,what originally derailed the thread...I looked through oodle of photobucket images for this.Sorry for the quality.but from waaaay before I had a scanner!

Pat I know you remember this.And RMA sorry again to get off topic,but really,it was the best night since the welcome to the boards strawberry shortcake debacle...

here it is folks,my first CoC 19!

[porcupine48]

Another cool pre code you NEVER see..

and for fun...

[RockMyAmadeus]

 

Finally, to all the internet lawyers. Reading wikipedia does not qualify you to practice law. Technically, we probably had a contract in place, the second I accepted Dan's counter offer. But as someone who negotiates contracts in the 7-8 figure range, I have to laugh at the absolute statements about contract law in this thread.

 

 

Who knew?

 

I thought Wikipedia had the answers to all of life.

 

Silly me.

 

Maybe I should go edit it, to make sure it does....

[Spider-Dan]

Its over RMA

 

No one cares anymore. Its been beaten to death.

 

Let it die......

 

Back to the music discussion

[porcupine48]

[Beige]

Two-Tone

 

Specials

The Beat and Madness (original singles were on 2-Tone)

Selecter

 

The whole wide world of Northern Soul ( where's Ian Levine when you need him...)

 

All-nighters listening to black soul and blue-eyed. Talc and spins.

 

Scooters, rallies - awesome.

 

Back to lurking - carry-on.

[the authority]

Hehe !

[HighStakesComics]

Quick question, guys. Hypothetically if you were on East coast time and just popped two Xanax would you try to read through the last 30 pages or would you just call it a night?

[porcupine48]

I was gonna post a network of exposure here but....nahh