03-29-2020 12:23 AM - edited 03-29-2020 12:23 AM
A potential buyer emails me, asking for a discounted price on an item. I respond by saying "sure if you are willing to pick it up". He replies "great thank you, I will come by next week to pick it up". I did also reply with a "cool!".
Well, the listing remained active, and few days later, someone else clicked the "buy it now". So I shipped the item out next day - and now the other guy is upset that I sold it already, and is threatening to sue me.
I understand he is upset I didn't sell him the item, but are there really grounds for a lawsuit here?
03-29-2020 12:32 AM - edited 03-29-2020 12:33 AM
If he never bought it, no. If he wanted the item, he needed to have paid for it. In this case, no contract was entered into.
03-29-2020 01:20 AM
Hi, since you agreed on a price, i don’t know what your contractual obligations might be. You would need to consult a lawyer to know for certain. To avoid this scenario, i would have advised him that the item would remain for sale until he showed up with the cash and collect the item. It is always best to spell out what you are and are not willing to do to accommodate a buyer. No surprises then.
03-29-2020 01:41 AM - edited 03-29-2020 01:42 AM
Anyone can actually sue anyone for any reason if they are willing to go thru the trouble. But will it hold up? Probably not.
03-29-2020 02:21 AM
As someone already mentioned, anyone can sue anyone at anytime, to answer your question. However they would not win and only lose their court fees. There was no contract because nothing changed hands. For any contract to be valid each person has to give up something. The buyer giving up their money in lieu of the purchase, even if only a deposit, creates a contract with the seller.
This is a similar scenario if you have an apartment for rent. Someone expresses interest and you say cool. However they do not give you a deposit nor sign any paperwork. Afterwards someone else comes along with the deposit, etc, so you rent to them. Can the first person sue you, yes we've already covered that, but they would lose as by not placing any deposit they did not enter into a contract with you. Simply expressing interest is not sufficient for a contract.
Walking around a dealership and expressing interest in a car does not equate to an actual purchase of that car. Literally anyone who places a watch on your item is technically expressing interest in the possibility of a future purchase. There would be far less sales, and we don't need that, if simply expressing interest of any sort makes a claim to the item and prevents it from being sold to someone else. Best not to bother replying to this person and let them move along. Best of luck to you....
03-29-2020 02:58 AM
so the buyer lost out on a good deal...........too bad,ya snooze ya lose.
if this was a regular of mine I might feel a twinge of regret but an interested buyer is just a "be back"
I guess you could say he came back too late,someone else snapped it up
03-29-2020 03:08 AM
03-29-2020 03:28 AM
I doubt he has any grounds to sue........or would win if he did.........but personally, I don't like the way you handled this.......
From what you say, you made no demands on him, didn't ask him to buy the item or pay for it; but you agreed to sell it to him when he came..... implying that you would hold it for him......
First, that could be construed as an off ebay sale, which could get you into alot of trouble.
Secondly, you agreed to sell it to him under the conditions above......you gave your word....which you broke when you left the item up for sale and then sold it to someone else. That's not a good habit to get into.....either in commerce or in life...... again just my opinion based on what you state happened.
03-29-2020 09:06 AM
@rofaizo_0 wrote:I respond by saying "sure if you are willing to pick it up". He replies "great thank you, I will come by next week to pick it up".
Well, the listing remained active, and few days later, someone else clicked the "buy it now". So I shipped the item out next day - and now the other guy is upset that I sold it already, and is threatening to sue me.
You say you agreed to a discounted price - what the agreement about how and when he would pay for it?
03-29-2020 09:14 AM - edited 03-29-2020 09:15 AM
Yes, but he would lose imo. He didn't reserve the item with a deposit, and even if he had, he wouldn't necessarily get it back - it would depend on the terms of your agreement, which you didn't have. So there are no damages and there was no contract. Other than that, he has a great case.
03-29-2020 09:24 AM
Tell them good luck with that and block.
03-29-2020 10:25 AM
@rofaizo_0 wrote:and now the other guy is upset that I sold it already, and is threatening to sue me.
I understand he is upset I didn't sell him the item, but are there really grounds for a lawsuit here?
No. Threatening to sue someone on the Internet is simply a more-dramatic way of calling them a poopyhead. There is no way that he has anything resembling grounds for a lawsuit in any way, shape or form, but that is his last-ditch method of expressing his displeasure in a way that he hopes will make some sort of impression on you... so that you'll, I don't know, try to reclaim the purchase from the real buyer or something. I suspect he issues multiple "lawsuit" threats per week, whenever someone does something that displeases him.
Simply stop responding, and put him on your Blocked Bidder List (here).
03-29-2020 10:51 AM
@a_c_green wrote:
@rofaizo_0 wrote:and now the other guy is upset that I sold it already, and is threatening to sue me.
I understand he is upset I didn't sell him the item, but are there really grounds for a lawsuit here?
No. Threatening to sue someone on the Internet is simply a more-dramatic way of calling them a poopyhead. There is no way that he has anything resembling grounds for a lawsuit in any way, shape or form, but that is his last-ditch method of expressing his displeasure in a way that he hopes will make some sort of impression on you... so that you'll, I don't know, try to reclaim the purchase from the real buyer or something. I suspect he issues multiple "lawsuit" threats per week, whenever someone does something that displeases him.
Simply stop responding, and put him on your Blocked Bidder List (here).
😂
03-29-2020 11:42 AM
................general reply...................
went back and re read the part about what he said,would come by next week and pick it up,was that in person?,was the buyer planning on stopping by and picking it up?.I do not go for that at all,why not just buy it from you and pay with a card or something.
Was the buyer trying to save a few bucks on shipping.I get that once in a while,some local guy wants to stop by and save $5 shipping.In actuality some guys want to get in my buisnes to buy direct from me and try to cherry pick.If someone needs to save a few bucks that bad I just tell them you can have free shipping.
03-29-2020 11:54 AM
It sounds to me like the buyer wanted to stop by and pay cash for the item and pick it up, like Craigslist. I would have told him it remains available to the public unless he wanted to purchase it now for pick-up (I've changed listings before to reflect that and the person has picked up the item) and I'm not sure if OP did or not, but taking the item down and then selling it would be an off-ebay transaction and eBay is pretty vigilant about these things.
Oh sure, the buyer could try taking it to court, at his expense and trouble, he wouldn't get too far as he has no grounds. It's almost like a knee jerk reaction in this country: "I'm gonna sue!!!" - like a national pastime or something, though I like @a_c_green's interpretation the best lol.