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Flawed decision

POSTED BY: jonnyq 6 months, 1 week ago

Regarding this thread - http://hotukdeals.com/item/401016/wanted-constiutional-and-administra/?p=5213335#post5213335

As Bob has said - "So that means i could agree with multiple individuals multiple deals and then pick and choose which deal is best for me. Surely that is against the rules?"

It is a simple issue of offer and acceptance - the person goes back on their word. They spin their way out of it and they are in the wrong (in contract law) and it is also poor form.

There was no reason stated they did not wish to sell apart from the fact they secured another deal. And they went back on their word after acceptance occured.

Why does it matter? If it affects future selling and buying and it is not a consistent application of the rules.

Even if this is not against the rules - what about the principle? The ethos of this site and going back on your word after it is clear offer and acceptance has occured , that is not good behaviour and should not be encouraged.

People in the future may make an offer (eg. £10), wait for acceptance (eg. okay, take to pm) and then say 'oh I don't agree now'.

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remember that the user counter offered...and then i created my own thread...

as per ASBs post:
http://hotukdeals.com/item/401016/wa...5&postcount=29

there was not that of an agreement reached because of this and furthered by not actually being agreed...
...there was some unjust in the thread, however not created by myself.

Also please note the 1minutes difference as well between the two potential 'agreements' and of course i can deal with whom i wish...
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Such a short space of time between both offers and I know it should all be looked upon but the seller was looking at the easiest sell for himself, and saving him money re postage and packaging costs aswell.

I have dealt with awoodhall a few times and have always found him pleasant and fair in any of his trades or sales. He did contact a mod aswell to take the final decision and went with this?

I understand other person losing out would be upset.

I hope it all gets sorted and no bad slating of individuals is done
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so you had two deals going on?

he said £3 - then you made a counter offer o£4 - he accepted - but you went back on your word

how much more convoluted do you wish to make it?
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No, I agree with ascottishbloke on this one...

You are correct, agreeing upon a trade and then going back on it is not permitted:


Rules:
(11) Offer and acceptance of trade or sale MUST be posted in relevant threads. Private Messages are for personal details only, you must NOT deal by PM.

(12) Once an offer has been made and accepted the trade should be considered final. Sellers who accept an offer and subsequently accept a higher offer from another member, may be suspended from trading. On the flip side, members who submit or accept an offer and subsequently pull out for any reason, will be suspended from trading for at LEAST one day.
HOWEVER, in this instance at no point did awoodhall2003 accept an offer. He said he'd be willing to sell for £4. bob100 then said "ok deal £4, taking to pm". If you read the thread carefully, you will see that awoodhall2003 never agreed to this and thus wasn't breaking the rules.
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jonnyq:
so you had two deals going on?

he said £3 - then you made a counter offer o£4 - he accepted - but you went back on your word

how much more convoluted do you wish to make it?
No. awoodhall2003 said he was looking for £4. At no point did he say "accepted" or anything along those lines. He simply said "I'm looking for £4".

What you're suggesting is similar to a user making a post saying "I have X for sale for £Y" and someone saying "I'll take it" being a contract. However, it requires the seller to come back again and say, "yes, that's fine".
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duckmagicuk2:
No, I agree with ascottishbloke on this one...

You are correct, agreeing upon a trade and then going back on it is not permitted:




HOWEVER, in this instance at no point did awoodhall2003 accept an offer. He said he'd be willing to sell for £4. bob100 then said "ok deal £4, taking to pm". If you read the thread carefully, you will see that awoodhall2003 never agreed to this and thus wasn't breaking the rules.

All cleared up now
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awoodhall2003 was making the offer - bob accepted it - then he decided not to go ahead with it

so is this a case of further acceptance then? - according to hukd
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jonnyq:
awoodhall2003 was making the offer - bob accepted it - then he decided not to go ahead with it

so is this a case of further acceptance then? - according to hukd
Well, normally in a WANTED thread it'd work like this:

Buyer: I want this.
Seller: I have it. £10 please.
Buyer: Accepted.

But when an offer from a seller is countered, I think it changes the structure a little... I think things should then run like this:

Buyer: I want this.
Seller: I have it. £10 please.
Buyer: How about £5?
Seller: No.
Buyer: OK, £10.
Seller: Accepted

It's a bit of an odd situation. I can see your point, but the seller has effectively withdrawn their offer when they turn-down a haggle and the process needs to start again.
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nope...you say you know law jonnyq...an advert what is it? an Invitation to treat i believe?
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munnski:
Such a short space of time between both offers and I know it should all be looked upon but the seller was looking at the easiest sell for himself, and saving him money re postage and packaging costs aswell.

I have dealt with awoodhall a few times and have always found him pleasant and fair in any of his trades or sales. He did contact a mod aswell to take the final decision and went with this?

I understand other person losing out would be upset.

I hope it all gets sorted and no bad slating of individuals is done
Many thanks for your kind words, much appreciated.


duckmagicuk2:
Well, normally in a WANTED thread it'd work like this:

Buyer: I want this.
Seller: I have it. £10 please.
Buyer: Accepted.

But when an offer from a seller is countered, I think it changes the structure a little... I think things should then run like this:

Buyer: I want this.
Seller: I have it. £10 please.
Buyer: How about £5?
Seller: No.
Buyer: OK, £10.
Seller: Accepted

It's a bit of an odd situation. I can see your point, but the seller has effectively withdrawn their offer when they turn-down a haggle and the process needs to start again.
This is what i thought, i have apologised to bob, the party with the wanted thread, as i offered it originally to help the guy out. But for £3 it did not warrant a trip to send it, and thus although he did then accept, it wasnt not an agreement, but consitutes that of an offer to purchase my item.
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Ironic that it's a book on law, eh?
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I agree with both both mods that technically the deal was not agreed. But I do think this was a case of unethical trading, or at least one with not enough ethical consideration.

This is one of those cases that ultimately come down to an individual's sense of what is proper and decent trading behaviour - or 'form' as the OP puts it. I accept the decision - and do see it from all sides - but I would have hoped for a more satisfactory resolution based on values as well as rules.
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tricky one this, maybe a rule a rule should be in place to stop negotiationsons or offers of items that have an active thread open being made in any other thread. perhaps a link to the active thread and negotiations only being only allowed in there, not over 2 diff threads.
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duckmagicuk2:
Ironic that it's a book on law, eh?
Funny that isnt it? But then i guess thus why when an event arises its jumped upon even more?

Liddle ol' me:
I agree with both both mods that technically the deal was not agreed. But I do think this was a case of unethical trading, or at least one with not enough ethical consideration.

This is one of those cases that ultimately come down to an individual's sense of what is proper and decent trading behaviour - or 'form' as the OP puts it. I accept the decision - and do see it from all sides - but I would have hoped for a more satisfactory resolution based on values as well as rules.
Funnily enough i actually agree with you...as the first thing i done when bob PMed me saying "send details over for payment" just after i had just sent mutoo my details, i asked for a mod to have a look and give some clarification, especially on who should get it, and how to proceed.
But the thing is now im in a bit of limbo...
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