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

the consideration is the amount agreed upon; doesn't have to have "changed hands." as defense counsel, i, in writing, agree to settle with the claimant for 100K--that amount is the "consideration" for the contract. if he or i try to back out, the aggrieved party moves for enforcement of the contract, and wins. doesn't matter that nothing yet "changed hands."

I agree with you but I don't see any of that here depending on what was done by purchaser before notice of intent not to follow through was received?

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

If anything you just made an argument FOR selling the book to comicav. If you find the book so deplorable then why are you destroying your reputation to keep it? With each nonsensical post of trying to justify your actions you are making yourself look worse.

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the consideration is the amount agreed upon; doesn't have to have "changed hands." as defense counsel, i, in writing, agree to settle with the claimant for 100K--that amount is the "consideration" for the contract. if he or i try to back out, the aggrieved party moves for enforcement of the contract, and wins. doesn't matter that nothing yet "changed hands."

 

This.

 

Savage Rage Monkeys vs. Wily Rogue Skinks

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

You are a piece of work. I particularly liked the last paragraph that really has nothing to do with the transaction but was written in some sort of attempt to show what a noble and rightous person you are. There is what is required legally and what is the right thing to do. That you need a few days to decide what to do is amazing and says way more than anything else you can type.

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

You are a piece of work. I particularly liked the last paragraph that really has nothing to do with the transaction but was written in some sort of attempt to show what a noble and rightous person you are. There is what is required legally and what is the right thing to do. That you need a few days to decide what to do is amazing and says way more than anything else you can type.

 

Matter at hand aside for a brief moment, based on his last paragraph he may be in some personal distress over this. I did see he had posted a link to this case and requested folks share on social media in the WC forum pertaining to a missing woman. Not excusing anything related to this transaction as I've made my view perfectly clear, but let's have a little empathy for a human being here. It's what separates us from the savage rage monkeys....

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract...

 

There might be a time and a reason for a seller to change his mind (even on these boards), but I feel like once you have PMed the buyer where to send payment you have essentially "shook hands" on the deal. And for me a handshake is as good as a binding contract.

 

 

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mindespecially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

I can understand and respect this decision. I have often struggled with what comics I should and should not collect. For example...my wife is not thrilled when I buy any GGA. Should I continue to collect these books? IDK.

 

This does not change my mind on the more important issue in this thread, however, I will say I applaud the OP's decision NOT to collect certain books that he feels are inappropriate for him to possess.

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I have said I'll take it then backed out. I have said I'll sell it then backed out.

Its my money I can change my mind if I want to. Its my book I can change my mind if I want to. I don't even have to give a reason; I just changed my mind.

 

I suppose that's true, in the sense that no one is likely going to compel you to honor the deal, but it doesn't seem like the recipe for a successful marketplace. There are a lot of people who go to a lot of trouble (myself included) to run sales threads. If a decent percentage of people start backing out of purchases because they decided to "just change their mind" sellers will take their wares elsewhere.

 

This forum works as well as it does because people, for the most part, do what they say they will do. Take that away and all we have left is eBay will no fees and less security. Doesn't sound too great to me.

 

:applause:

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mindespecially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

I can understand and respect this decision. I have often struggled with what comics I should and should not collect. For example...my wife is not thrilled when I buy any GGA. Should I continue to collect these books? IDK.

 

This does not change my mind on the more important issue in this thread, however, I will say I applaud the OP's decision NOT to collect certain books that he feels are inappropriate for him to possess.

 

I applaud it too, but so what? It has nothing whatsoever to do with the issue/problem here. It's a complete red herring.

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I purchased a book from a major dealer a month ago

 

he emailed me the price 465

 

then (I suspect after looking into it) emails again saying

 

"sorry its a typo..its actually 665"

 

I just laughed because this has happened before, and I paid, I did not have a hissy fit. I could have changed my mind.

 

I see every transaction as being able to be changed by either party at any time until money is cashed or book in hand. For seller and buyer.

 

I have said I'll take it then backed out. I have said I'll sell it then backed out.

Its my money I can change my mind if I want to. Its my book I can change my mind if I want to. I don't even have to give a reason; I just changed my mind.

.

 

 

 

That's why, as an attorney, you make a fabulous doctor. :baiting:

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You may be right and I apologize if that is the case but as soon as I hear that lawyers may be involved it just boils my blood.

 

believe it or not, we occasionally are good for something.

 

if seller backed out for a bigger offer, there is no dispute here at all--seller is dead wrong.

 

Billy this was in no means a slag on lawyers, it just remineded me of past situations here where others have made similar threats and I didn't like it then. I would hope that this could be sorted out as men rather than go to that extreme. Also, I want to apologize again to ComicCav as I didn't read the whole thread when I made my first comment. Jimbo make it right and do the transaction. I have been in a similar situations where I had made a deal via PM and then someone offered me more moments later. You just have to eat it and move on.

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I suppose that's true, in the sense that no one is likely going to compel you to honor the deal, but it doesn't seem like the recipe for a successful marketplace. There are a lot of people who go to a lot of trouble (myself included) to run sales threads. If a decent percentage of people start backing out of purchases because they decided to "just change their mind" sellers will take their wares elsewhere.

 

This forum works as well as it does because people, for the most part, do what they say they will do. Take that away and all we have left is eBay will no fees and less security. Doesn't sound too great to me.

 

100%

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

 

 

 

 

From this point on, you should ask someone else what a "contract" is, what "legally binding" is, what "consideration" is, hell...what "is" is, because your gut reaction in this situation could not be more counter to reality.

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mind—especially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

You are a piece of work. I particularly liked the last paragraph that really has nothing to do with the transaction but was written in some sort of attempt to show what a noble and rightous person you are. There is what is required legally and what is the right thing to do. That you need a few days to decide what to do is amazing and says way more than anything else you can type.

 

And in this case, they happen to be the same thing. lol

 

 

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Well, I have read through the posts, and I've listened to what people have to say. I do respect the opinions of many people on the boards, and some people I respect have clearly expressed that I'm in the wrong.

 

I'm not sure I agree with the idea that it's never OK for a seller to change his mindespecially if money hasn't changed hands yet. Legally, can't either party cancel a sale for any reason or no reason before money changes hands? That's what I have always heard: no consideration=no binding contract.

 

I need to mull things over for a day or so.

 

As an aside, I would like people to know why I listed this particular book. I listed it because I decided that I no longer want to collect comics that depict violence against women in a realistic way. I have been extremely distraught lately about a real-life case of violence against a woman in my area, a case that I've been following in the news and through another forum. It is a heartbreaking case. I'm not condemning anyone for collecting crime comics, but there are certain covers that I don't want to look at now.

 

I can understand and respect this decision. I have often struggled with what comics I should and should not collect. For example...my wife is not thrilled when I buy any GGA. Should I continue to collect these books? IDK.

 

This does not change my mind on the more important issue in this thread, however, I will say I applaud the OP's decision NOT to collect certain books that he feels are inappropriate for him to possess.

 

 

And if that's true, and we take the OP at face value that he listed it because he doesn't like the subject matter...then why cancel the sale because, as he's intimated, the price was a mistake and he should have asked for more?

 

Can he tolerate "looking at certain covers" until he gets the right price for them?

 

His reasoning for selling and his reasoning for cancelling of this sale run, entirely, counter to each other.

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