CL:vEver had a seller back out?

Jedi5

macrumors 6502a
Original poster
Aug 16, 2009
515
16
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.
 

SplicedBanjo

macrumors regular
Dec 13, 2011
109
0
People do change their mind. Just relist it
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."
 

JeffreyDJ

macrumors regular
Jun 26, 2010
130
0
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."
Ummm... No. The seller in this case has every right to back out of the deal. There was no contract (verbal or otherwise).
 

Apple OC

macrumors 68040
Oct 14, 2010
3,585
2,909
Hogtown
as my girlfriend says ... women are allowed to change their minds

or in my case ... she's also allowed to change my mind :cool:
 

SplicedBanjo

macrumors regular
Dec 13, 2011
109
0
Ummm... No. The seller in this case has every right to back out of the deal. There was no contract (verbal or otherwise).
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.
 

nickster9224

macrumors 6502a
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.
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..
 

SplicedBanjo

macrumors regular
Dec 13, 2011
109
0
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..
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
 

The Sweet Love

macrumors newbie
Jun 23, 2008
29
0
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
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.
 

SplicedBanjo

macrumors regular
Dec 13, 2011
109
0
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.
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.
 

Angry-Birds

macrumors member
Aug 10, 2011
38
0
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.
 

Stealthipad

macrumors 68040
Apr 30, 2010
3,223
7
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."
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

----------

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

----------

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

Jedi5

macrumors 6502a
Original poster
Aug 16, 2009
515
16
North Burbs, IL
Well that wasn't too smart to sell the iPad before you got the other one. :p
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.
 

LiloThePleo

macrumors 6502
Aug 8, 2010
341
1
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.
 

eric/

Guest
Sep 19, 2011
1,681
13
Ohio, United States
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.
You must not be that great of a lawyer.
 

KOZOK

macrumors member
May 2, 2011
65
0
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.
People like you are what is wrong with the world, I hope something horrible happens to you soon.
 

Jedi5

macrumors 6502a
Original poster
Aug 16, 2009
515
16
North Burbs, IL
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.
 

Big-TDI-Guy

macrumors 68030
Jan 11, 2007
2,606
13
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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