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CL:vEver had a seller back out?

Jedi5

Jedi5

macrumors 6502a
Original poster
Aug 16, 2009
575
34
North Burbs, IL
Ever have a potential seller back out from selling you an iPad?
I had a seller lined up to meet today and buy this ipad 2.
I contact him last night to confirm we were still on for today.
He tells me he changed his mind and won't be selling his ipad after all.
Kind of bummed because it was a good deal I thought.
I'm more upset that I sold my 1st gen iPad to get money for the iPad 2.
 
Stealthipad said:
People do change their mind. Just relist it
Click to expand...

Relist what? The OP was the prospective buyer.

This actually is a textbook example of breach of contract, so if you end up having to buy another used iPad 2 at a higher price, you could theoretically sue the first seller for the difference. However, taking into account the cost of suing and the difficulty of proving your case and of actually collecting a judgment, it is unlikely to be worth it. (Your court costs are recompensable, but things like taking the day off of work are not.)

People do change their minds, but sometimes there is a consequence for doing so. "A deal's a deal."
 
SplicedBanjo said:
Relist what? The OP was the prospective buyer.

This actually is a textbook example of breach of contract, so if you end up having to buy another used iPad 2 at a higher price, you could theoretically sue the first seller for the difference. However, taking into account the cost of suing and the difficulty of proving your case and of actually collecting a judgment, it is unlikely to be worth it. (Your court costs are recompensable, but things like taking the day off of work are not.)

People do change their minds, but sometimes there is a consequence for doing so. "A deal's a deal."
Click to expand...

Ummm... No. The seller in this case has every right to back out of the deal. There was no contract (verbal or otherwise).
 
as my girlfriend says ... women are allowed to change their minds

or in my case ... she's also allowed to change my mind :cool:
 
JeffreyDJ said:
Ummm... No. The seller in this case has every right to back out of the deal. There was no contract (verbal or otherwise).
Click to expand...

Ummmm... Yes. There was most definitely a contract. They contacted each other, apparently multiple times, and agreed that they would exchange an iPad for money. That is a contract.
 
SplicedBanjo said:
Ummmm... Yes. There was most definitely a contract. They contacted each other, apparently multiple times, and agreed that they would exchange an iPad for money. That is a contract.
Click to expand...

Nothing was signed.. That's not a contract.. Yeah it sucks. But the seller has the right to sell or not sell to whomever he wishes.. Theres nothing legally binding him to selling his iPad to the OP.. It's not like the OP wire transferred him money or anything..
 
nickster9224 said:
Nothing was signed.. That's not a contract.. Yeah it sucks. But the seller has the right to sell or not sell to whomever he wishes.. Theres nothing legally binding him to selling his iPad to the OP.. It's not like the OP wire transferred him money or anything..
Click to expand...

WRONG.

A signature is not required to prove a contract. Not only is it possible to prove a contract based purely on verbal communications, but in this case he would have even more than that, since he has e-mails proving his position.

A contract is any agreement between two parties to exchange one good or service for another good or service. This is the most basic example of a contract there is.

The seller violated civil law by backing out of the deal. Not only could the buyer sue and win, but when sellers like this have the arrogance to claim they did nothing wrong, that can be enough to motivate buyers who would've otherwise let it go, to go ahead and file the lawsuit.

http://www.expertlaw.com/library/business/contract_law.html
 
SplicedBanjo said:
WRONG.

A signature is not required to prove a contract. Not only is it possible to prove a contract based purely on verbal communications, but in this case he would have even more than that, since he has e-mails proving his position.

A contract is any agreement between two parties to exchange one good or service for another good or service. This is the most basic example of a contract there is.

The seller violated civil law by backing out of the deal. Not only could the buyer sue and win, but when sellers like this have the arrogance to claim they did nothing wrong, that can be enough to motivate buyers who would've otherwise let it go, to go ahead and file the lawsuit.

http://www.expertlaw.com/library/business/contract_law.html
Click to expand...

As quoted on the website you linked...

In order to be enforceable, the action contemplated by the contract must be completed. For example, if the purchaser of a piano pays the $1,000 purchase price, he can enforce the contract to require the delivery of the piano. However, unless the contract provides that delivery will occur before payment, the buyer may not be able to enforce the contract if he does not "perform" by paying the $1,000. Similarly, again depending upon the contract terms, the seller may not be able to enforce the contract without first delivering the piano.
 
The Sweet Love said:
As quoted on the website you linked...

In order to be enforceable, the action contemplated by the contract must be completed. For example, if the purchaser of a piano pays the $1,000 purchase price, he can enforce the contract to require the delivery of the piano. However, unless the contract provides that delivery will occur before payment, the buyer may not be able to enforce the contract if he does not "perform" by paying the $1,000. Similarly, again depending upon the contract terms, the seller may not be able to enforce the contract without first delivering the piano.
Click to expand...

And the buyer TRIED to pay for the item and the SELLER stopped him, so that is still the SELLER's breach.

I have tried everything in my power to save you from your own stupidity. The heck with this forum.
 
He is correct though. Most contracts only need two elements to be valid in the eyes of the law:

1. All parties are in agreement on the terms (check)

2. Something of value must exchanged (cash, services, goods, etc), this includes a promise to exchange such an item (check)

No need to argue with me, I am a lawyer in real life and not just on the internet.
 
SplicedBanjo said:
Relist what? The OP was the prospective buyer.

This actually is a textbook example of breach of contract, so if you end up having to buy another used iPad 2 at a higher price, you could theoretically sue the first seller for the difference. However, taking into account the cost of suing and the difficulty of proving your case and of actually collecting a judgment, it is unlikely to be worth it. (Your court costs are recompensable, but things like taking the day off of work are not.)

People do change their minds, but sometimes there is a consequence for doing so. "A deal's a deal."
Click to expand...

Opps you are right about the OP but your are WRONG on the Breach of Contract thing. What a joke! This is CL and people can and DO change their minds all the time.

I guess you would hire a lawyer!:p

----------
Angry-Birds said:
He is correct though. Most contracts only need two elements to be valid in the eyes of the law:

1. All parties are in agreement on the terms (check)

2. Something of value must exchanged (cash, services, goods, etc), this includes a promise to exchange such an item (check)

No need to argue with me, I am a lawyer in real life and not just on the internet.
Click to expand...

OK Lawyer. . . would you take this case on commission only? That is my test. Would you?

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Longdrive said:
I get it, I understand it but seriously....why would anybody even bring up suing for a non-deal on CL? A non-deal for an iPad 2 at that. Great advice for sure.
Click to expand...

Many people insist on making fools of themselves. This is also a forum where people can and WILL argue about anything!:p
 
Matthew9559 said:
Well that wasn't too smart to sell the iPad before you got the other one. :p
Click to expand...

I know but it was to good of a deal not to pass up.
It was my 1st gen iPad and the buyer was iffy so I didn't want to lose him to someone else.

I just thought it was a sure thing with the iPad 2.
We bounced multiple emails, exchanged numbers, and were all set to meet up the following day. And then they changed their mind. I'm guess they sold it to someone else for a higher price.

Oh well.
 
If the buyer was 'iffy' wouldn't that have rang warning bells? Just keep looking, another will turn up.

@Those saying sue: Get over it and move on. People sueing for stupid little things like this is what is wrong with the world.
 
Angry-Birds said:
He is correct though. Most contracts only need two elements to be valid in the eyes of the law:

1. All parties are in agreement on the terms (check)

2. Something of value must exchanged (cash, services, goods, etc), this includes a promise to exchange such an item (check)

No need to argue with me, I am a lawyer in real life and not just on the internet.
Click to expand...

You must not be that great of a lawyer.
 
SplicedBanjo said:
And the buyer TRIED to pay for the item and the SELLER stopped him, so that is still the SELLER's breach.

I have tried everything in my power to save you from your own stupidity. The heck with this forum.
Click to expand...
People like you are what is wrong with the world, I hope something horrible happens to you soon.
 
Sorry, I meant "iffy" as in he was wavering back and forth.
I'm sure another buyer would have shown sooner or later but I doubt I would have gotten such a good deal like I did.
 
I'm pretty sure Craigslist, like any other entity, has legal fine print that limits liability between themselves, sellers and buyers alike. I'm not sure how much leverage you could have over a business relationship like that.

Consider the lesson learned, that if it sounds too good to be true, it probably is.

For all you know, this guy could have planned on mugging you at knifepoint - and got cold feet at the last second. Or the iPad could have been damaged, or stolen property. With CL especially, that's an (unfortunate) reality.

Look a the upside - iPad3 is right around the corner according to the internets, so that will push the price of your wanted iPad2 even lower - or have prevented you from investing in a 2, with the 3 possibly just weeks down the road.
 
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