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General discussion thread - keep the other threads clean
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35,153 posts in this topic

Quadman, what exactly did you PM him? Because if you just posted a :takeit: there shouldn't have needed to be any dickering on his part and the book should have been claimed by you.

 

How purchase price is to be paid is an essential term of the contract. Buyer made a counter offer regarding this term. That would count as a rejection of the original offer. Seller did not accept the counter offer. Seller accepted Gators offer to his original sale.

 

As I see it putting it on hold was a kind gesture but doesn't denote acceptance of his offer.

 

Interesting take.

 

 

Its just basic contract law. Though I do see above that he may have accepted the counter offer but I am not sure...

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Im not sure what to say here other than I will not be shipping any book to Quadman78. We can argue the semantics of "HOLD" but I am not letting a book go in a transaction that I don't feel comfortable with. I would require a check or MO but that does not negate any risk on my part. Apparently going forward I will have to put a wall of legalese in my posts.

 

Absolutely no doubt you are free to do what you want with your book, but can you not appreciate the enormous risk you were also asking Randy to make by asking for 10k with no buyer protection? Its not about legalese, you also have to sometimes look at things from the buyer's standpoint too.

 

The 3rd party option was actually the most logical of solutions and would have

 

balanced the risks equally between you, and indeed eliminated many. 2c

 

+1

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The book was on HOLD not SOLD. I placed it on HOLD to figure out if I wanted to sell it to a buyer out of the country and see what his ideas were. He wanted a third party and this was looking like more trouble than it was worth. As far as not knowing who he is no I don't. I mostly lurk as my post count will attest. I am not KAV and I am not going completing any 10,000 dollar transactions unless I feel comfortable with the buyer, terms, payment, shipping etc.

 

This was on HOLD to see what the potential buyer had to say. What he said was I live in another country, I would like a third party.

 

I'm sorry, you didn't handle this well and this clusterduster is the result.

 

When selling 10k books 'Usual Rules Apply' isn't clear enough as there are no agreed on selling rules. :takeit: in thread wins would have been much easier.

 

Putting the book on hold was an honorable thing for you to do. You could have discussed the sale via pm and left the book for sale on the thread. Once you held the book for the pm buyer you should have continued to discuss his terms and ignored any action in your sales thread. If there was something about the terms - 3rd party etc - that was a problem you should have told the pm buyer the terms were unacceptable and the book was no longer on hold.

 

Yes, it's your book, you sold it to someone you trust, for your asking price, but did you really handle this well? And how would you feel if the situation was reversed?

 

And lastly, what real risk do you face when payment is via cheque or money order? All the risk is on the buyer and that's why he was asking about a 3rd party. You want a payment method that has the lowest fees but puts the buyer at risk yet you're unwilling to accommodate him.

 

+1

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I notified the other party I will be keeping the Action 23 with me. The other party (Not Quadman) agrees that would be best under the circumstances. I apologize to the board for any procedural errors, misconceptions or ill will towards any party involved.

 

I call bull on the above statement. How stupid do you think people around here are?

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Quadman, what exactly did you PM him? Because if you just posted a :takeit: there shouldn't have needed to be any dickering on his part and the book should have been claimed by you.

 

How purchase price is to be paid is an essential term of the contract. Buyer made a counter offer regarding this term. That would count as a rejection of the original offer. Seller did not accept the counter offer. Seller accepted Gators offer to his original sale.

 

As I see it putting it on hold was a kind gesture but doesn't denote acceptance of his offer.

 

Interesting take.

 

 

Its just basic contract law. Though I do see above that he may have accepted the counter offer but I am not sure...

After the book was put on hold for him so they could finalize the details, quadman simply asked if they could use a third party. It was simply a question.

 

"I was thinking with such a large purchase maybe we can use reputable board member as a middle man? Maybe Filter or GAtor?"

 

The seller said no to a third party (which was his right), so quadman replied back within one minute that he'd just mail a check out to him straight away then (without using a third party).

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I'm just not seeing anyone at fault here.

- I totally agree with GATOR's view of the On Hold being the equivalent of a conditional I'll Take It.

- I do think Quadman holds the rightful claim to the book.

- However, I totally understand the need of the seller to feel comfortable with the terms of the sale. While I would like to see him sell it to Quadman, I don't think it is probation worthy if he does not.

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I'm just not seeing anyone at fault here.

- I totally agree with GATOR's view of the On Hold being the equivalent of a conditional I'll Take It.

- I do think Quadman holds the rightful claim to the book.

- However, I totally understand the need of the seller to feel comfortable with the terms of the sale. While I would like to see him sell it to Quadman, I don't think it is probation worthy if he does not.

 

How is it not probation worthy if he doesn't?

 

He posted a book, had 2 ppls offer to buy it and now the seller says nah not going to sell it.

 

Reverse it like many have said, I offer to buy a book and then say nah not going to buy it would be hung up to dry.

 

Randy met all of his criteria:

- US address

- Non paypal payment

 

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I halfway expect a backdoor deal with someone somehow in this whole mess, but ending with Quadman not getting the book :(

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Im not sure what to say here other than I will not be shipping any book to Quadman78. We can argue the semantics of "HOLD" but I am not letting a book go in a transaction that I don't feel comfortable with. I would require a check or MO but that does not negate any risk on my part. Apparently going forward I will have to put a wall of legalese in my posts.
Could you clarify as to what risk you would still have with check or mo? I'm still unclear on this. Anyone?

 

 

Even with getting a check/mo, and having funds cleared before shipping, could the seller still be at risk of being charged legally with some sort of misrepresentation or scam by the buyer down the road?

 

The seller should have just put that he retains the right to refuse any buyer in his terms, and shouldn't have put any sort of hold on the book for negotiations, but I can't fault him for only wanting to sell to a buyer he is comfortable with.

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I'm just not seeing anyone at fault here.

- I totally agree with GATOR's view of the On Hold being the equivalent of a conditional I'll Take It.

- I do think Quadman holds the rightful claim to the book.

- However, I totally understand the need of the seller to feel comfortable with the terms of the sale. While I would like to see him sell it to Quadman, I don't think it is probation worthy if he does not.

 

Totally Agree.

 

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What happens when someone :takeit: in a sales thread when they are on your "do not deal with" list. I've seen sellers say, "sorry, I don't sell to you," and refuse to sell the item publicly in a thread.

 

Sadly I've had to start building a list of people I'd be unwilling to sell to :( . I believe that if the sales rules as posted in the thread indicate that the seller has some sort of "do not deal with list" that they'll be referencing as needed that any buyer could potentially expect their :takeit: to be rejected. And I also figure the seller has that right. The lists help but there are some non-listers I certainly have no interest in selling to, or buying from, no matter how much Cool Books Rule All™

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I am the seller. I just saw this thread. Normal rules means ill take in in the thread wins. I don't want PayPal on a huge transaction because I do other things (Ebay etc) I believe I have the right of refusal. The member lives in Canada and has been on the board a year. I asked about the address and he says he has a US address. To send a 10k book to an address where someone lives is kind of murky even if a relative or something.

He then wanted to do a 3rd party and at this point im seeing too many things going on. I decide to send my 10,000 book to an established boardie in the USA who've I've dealt with many times before and I trust.

 

This is not some 20, 100, or even 1,000 book. I did not accept the ill take it because of location and I placed it on HOLD until we can agree on TERMS. I did not like the terms.

 

BEFORE ANYONE JUDGES WHATS GOING ON PLEASE ASK YOURSELF WHAT YOU WOULD DO WITH YOUR 5 FIGURE BOOK.

you deserve the probation list my friend. What would you do with your 5 figure book if rick never offered? Oh yea, exactly, sell it to quad man.
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(thumbs u to Probation List.

 

Guy backed out on a sale to someone who followed his "usual rules apply" and his additional rules - USA shipping only and no Paypal. He actually backed out of two sales if you include G.A.tor.

 

And he's decided after all of this to keep the book?

 

Lucille-Bluth-Wink-Arrested-Development.gif

 

Makes you wonder if there was a third buyer lurking? hm

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Until a posted, agreed upon rules list is enacted along with a set guideline to conform to (including a standardized set of selling/buying rules that could be cut and pasted to the first post of every seller's sales thread)... there is nothing that can prevent situations like this from happening (even in relation to proper "sales etiquette").

 

Pending a set of sales rules being completed and enforced , the seller is, and should always be, in charge of his thread and the rules therein.

 

This is not directed at Randy at all, nor to Spiderphill or Harvey above, but there is a trend developing where it appears that buyers believe that they can dictate every aspect of a sale. It also appears that whenever that trend is challenged, immediately the aspect of PL and HOS is tossed onto the table... and more often than not, by someone other than the wronged party.

 

Recommendations to the PL or HOS by anyone other than the wronged person is something that should not be allowed. I say this because as of late, it has become more rampant and is detrimental to seller reputations. State your opinion, but we should leave the recommendations of nomination to those who have been damaged. 2c

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If a sales thread is run properly then nobody has to worry about situations like these. I usually deal with $5-$10 books when selling, even then I state the rules pretty clearly I don't use "usual rules apply". When dealing with a 10k book, you best believe I would be even more specific on the details of the sale in the "rules section" and that's where this seller went wrong. Seller is to blame for all of this IMO

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Probably because some people don't like others knowing who bought a $10,000 book. I've PMed sellers on books and asked them to mark it sold via PM.

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