CL:vEver had a seller back out?

Discussion in 'iPad' started by Jedi5, Jan 14, 2012.

  1. Jedi5 macrumors 6502

    Jedi5

    Joined:
    Aug 16, 2009
    Location:
    North Burbs, IL
    #1
    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.
     
  2. Stealthipad macrumors 68040

    Stealthipad

    Joined:
    Apr 30, 2010
  3. SplicedBanjo macrumors regular

    Joined:
    Dec 13, 2011
    #3
    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."
     
  4. Matthew9559 macrumors 6502a

    Matthew9559

    Joined:
    Apr 7, 2007
    Location:
    Texas
    #4
    Well that wasn't too smart to sell the iPad before you got the other one. :p

    Stuff like this happens all the time. Even on eBay.
     
  5. JeffreyDJ macrumors regular

    Joined:
    Jun 26, 2010
    #5
    Ummm... No. The seller in this case has every right to back out of the deal. There was no contract (verbal or otherwise).
     
  6. Apple OC macrumors 68040

    Apple OC

    Joined:
    Oct 14, 2010
    Location:
    Hogtown
    #6
    as my girlfriend says ... women are allowed to change their minds

    or in my case ... she's also allowed to change my mind :cool:
     
  7. SplicedBanjo macrumors regular

    Joined:
    Dec 13, 2011
    #7
    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.
     
  8. nickster9224 macrumors 6502a

    nickster9224

    Joined:
    Nov 6, 2006
    Location:
    35 Miles From Chicago, Illinois
    #8
    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..
     
  9. SplicedBanjo macrumors regular

    Joined:
    Dec 13, 2011
    #9
    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
     
  10. The Sweet Love macrumors newbie

    The Sweet Love

    Joined:
    Jun 23, 2008
    #10
    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.
     
  11. SplicedBanjo macrumors regular

    Joined:
    Dec 13, 2011
    #11
    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.
     
  12. Longdrive macrumors member

    Joined:
    Dec 6, 2011
    Location:
    Coeur d'Alene, Idaho
    #12

    ^^
    Douche
     
  13. Angry-Birds macrumors member

    Joined:
    Aug 10, 2011
    #13
    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.
     
  14. Longdrive macrumors member

    Joined:
    Dec 6, 2011
    Location:
    Coeur d'Alene, Idaho
    #14
    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.
     
  15. Stealthipad macrumors 68040

    Stealthipad

    Joined:
    Apr 30, 2010
    #15
    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

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

    ----------

    Many people insist on making fools of themselves. This is also a forum where people can and WILL argue about anything!:p
     
  16. Jedi5 thread starter macrumors 6502

    Jedi5

    Joined:
    Aug 16, 2009
    Location:
    North Burbs, IL
    #16
    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.
     
  17. LiloThePleo macrumors 6502

    Joined:
    Aug 8, 2010
    #17
    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.
     
  18. dukebound85 macrumors P6

    dukebound85

    Joined:
    Jul 17, 2005
    Location:
    5045 feet above sea level
    #18
    No, it isn't
     
  19. eric/ Guest

    eric/

    Joined:
    Sep 19, 2011
    Location:
    Ohio, United States
    #19
    You must not be that great of a lawyer.
     
  20. KOZOK macrumors member

    Joined:
    May 2, 2011
    #20
    People like you are what is wrong with the world, I hope something horrible happens to you soon.
     
  21. Jedi5 thread starter macrumors 6502

    Jedi5

    Joined:
    Aug 16, 2009
    Location:
    North Burbs, IL
    #21
    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.
     
  22. Big-TDI-Guy macrumors 68030

    Big-TDI-Guy

    Joined:
    Jan 11, 2007
    #22
    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.
     
  23. rgarjr macrumors 603

    rgarjr

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    Apr 2, 2009
    Location:
    Southern Cal
  24. Arnezie macrumors 65816

    Arnezie

    Joined:
    Oct 10, 2011
    #24
    Wow ! Is it really that serious :confused:
     
  25. Stealthipad macrumors 68040

    Stealthipad

    Joined:
    Apr 30, 2010
    #25
    LOL! +10:p

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    You dop not need to wish that something horrible will happen to them. They will do it to themselves.:p
     

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