Offer... commitment, or no?

What do you think about that. Didn't someone just go thru this last week?

Terry:

I agree -- this should be one's first whiff that something doesn't smell right. One reason to go "Gift" on PayPal is to not only to skip the fees, but to skirt the buyer/seller protections that regular PayPal payment methods offer.

-Sean
 
This is how it was received...

"How about 600 shipped Usps priority to calif. Paypal as gift?"

The correct answer to the question, from a salesman's point of view is, "if I will sell it for $600 shipped USPS to California and take your gift PayPal will you buy it?". Otherwise you are just answering questions as information without asking for commitment from the buyer.

Buyer -"is it available in green?"

Seller - "will you buy it now if it is?".

Assuming his inquiry was a commitment is not that fruitful. He asked a question and you answered it. He might as well of asked how big the tips were. If you want a commitment from your buyer you have to ask for the order. There's some sales 101.

This thread is asking the question did your buyer commit. Here's how you know as a seller. Ask him. A little communication goes a long way. Assumptions based on the way you operate, or based on the way you assume people should operate, just lead to misunderstandings.

Thanks

Kevin
 
Last edited:
As aggravating as it is, once you accept an offer, it would be considered binding in any court. However, do, or would, anyone ever push it? I wonder sometimes, we joke about cuemaker time, but once they commit to finishing a cue and accept money for it, it is legally a contract. I have never heard of anyone pushing that in court though.

But it is a sh*tty way to conduct yourself. I have always said there should be a sticky titled... "Those who propel their tootsies at carbon black colored copolymer donuts"...

JV

I know someone who took a cue maker to Judge Judy and won her $5000 deposit back.
 
I made Roy a case named "Are You A Buyer Now?"

Inscribed on the case are actual received-by-email tire-kicker phrases that have been altered slightly to protect the guilty :-)

Everyone who sells cues who saw the case that year got a laugh out of it.

main.php
 
in the eyes of the law an offer and acceptance is a contract
and enforceable at law

its like a pool game,a guy says i will give you 9 to 7 for $1000
pr game
if i say ok you have a game and he gets a dumb look on his face and says i changed my mind

i never want to talk with him again,he falls in the same class as a liar or a thief

if a man's word is no good ,he is no good

if a man says,can i get out of this deal something came up,i usually say sure thanks for asking

last week i made a mistake and asked $200 differebnce in a trade when i needed $600/
when the buyer said ok,i just took my beating.it was not the time or place to change after he accepted

i think you should never deal with the guy again and give him bad feedback too
 
by the way
those cases are really nice
john barton is so creative
and he is fun to deal with

i bought some cases one time and when he missed a deadline
on a time important deal,john imposed a penalty on himself and sent me
an extra case

that is integrity in my opinion
 
Payment is commitment.

Any other legal mumbo jumbo is pure BS in the real world. Your NEVER going to file legal action in a case like this so forget quoting statutes and other nonsense. Rediculous.

Give him x amount of time to pay. No pay then you take the very next offer in line.

Simple really.
 
This is how it was received...

"How about 600 shipped Usps priority to calif. Paypal as gift?"

I really don't see anyone having committed here yet. There was a loose offer made, seller accepted and was never confirmed. This exchange fell 1 step short of a deal...offer, acceptance, confirmation. Without confirmation...it was just almost a sale.

Here's why confirmation is so important. I made an offer on a cue last week. Seller countered. I had to hold firm and said, let me know if you change your mind...meaning I'm still interested at that price.

Next day I find some cues I like better. While in negotiations on the new finds...I get an email that first guy will do the deal at my offer price...but now I'm excited in a new direction.

There was offer, acceptance,... But not confirmation. I know this is a different deal, I think your buyer probably SHOULD have bought,..but there was no deal yet in my eyes. As a seller, without that final confirmation from him, I wouldn't have thought that my cue was sold.

I don't blame you for being frustrated, good luck.
 
Buyers who buy are buyers.

Buyers who don't buy aren't buyers.

Myself I try to locate the buyers that do buy and move past the ones that don't. Life is too short to spend much time concerned with why people act they way they do.

Good luck with your sale. I thought that was a pretty nice cue for the money.

Kevin

As Andy G. Would have said..."That post was mighty good!"

"Keep your feet on the ground and keep reaching for the stars." ---Casey Kasem
 
I really don't see anyone having committed here yet. There was a loose offer made, seller accepted and was never confirmed. This exchange fell 1 step short of a deal...offer, acceptance, confirmation. Without confirmation...it was just almost a sale.

Here's why confirmation is so important. I made an offer on a cue last week. Seller countered. I had to hold firm and said, let me know if you change your mind...meaning I'm still interested at that price.

Next day I find some cues I like better. While in negotiations on the new finds...I get an email that first guy will do the deal at my offer price...but now I'm excited in a new direction.

There was offer, acceptance,... But not confirmation. I know this is a different deal, I think your buyer probably SHOULD have bought,..but there was no deal yet in my eyes. As a seller, without that final confirmation from him, I wouldn't have thought that my cue was sold.

I don't blame you for being frustrated, good luck.

There have been some interesting perspectives given. The reason I posted this is I felt that after we pm'd back and forth trying to make a deal that him meeting my price but asking me to ship include shipping sounded like a commitment to me. I know that if I spent a few hours pm'ing back and forth with a seller and my last email to him was...... How about $xxx and include the shipping? I am expecting to hear back from him with a PayPal address to which I would respond with a payment.

If it was his first email, then I wouldn't consider it an offer but more of feeling me out because it was $150 lower than my asking price of $750. I feel that once you go back and forth a few times and you agree on a price its a given that it will be purchased.
 
This is how it was received...

"How about 600 shipped Usps priority to calif. Paypal as gift?"

That isn't an offer, it's an inquiry. I had almost the exact same wording
in a face-to-face conversation many years ago.

The guy: "Would you take $xxx?".

Me: "Yes, OK".

The Guy: "OK, I'll let you know".

Now I assumed he ment it as an offer, because it would have been if I
had said it that way.

From then on, anytime someone poses that kind of remark, I respond with:

"IS that an offer or a question?". Or something similar.

HTH
Dale
 
There have been some interesting perspectives given. The reason I posted this is I felt that after we pm'd back and forth trying to make a deal that him meeting my price but asking me to ship include shipping sounded like a commitment to me. I know that if I spent a few hours pm'ing back and forth with a seller and my last email to him was...... How about $xxx and include the shipping? I am expecting to hear back from him with a PayPal address to which I would respond with a payment.

If it was his first email, then I wouldn't consider it an offer but more of feeling me out because it was $150 lower than my asking price of $750. I feel that once you go back and forth a few times and you agree on a price its a given that it will be purchased.

At the risk of being branded a Luddite, this is reason number 172 why at
some point you need to pick up the TELEPHONE.

PMs and emails ane just short of wonderful, but when negotiations reach
the 'down to brass tacks' stage, you can clarify in a few minuets what
might require days by electronic exchange. Or never.

Dale(livin' in the Dark Ages)
 
Last edited:
Speaking as a lawyer:

He made you an initial offer. If you had accepted it, that would have been a legal contract, though difficult to enforce if not in writing.

However, you did not accept it. You made a counter-offer, which is a legal rejection of his first offer. There is no contract. His first offer expired when you rejected it.

He is not a nit. He is free to reject your counter offer and he does not have to honor his first offer.
 
Offers basically mean nothing in the cue buying world. You don't really have anything until they deposit the money in your pay pal or send you the money. Getting technical about the issue doesn't really do any good. A lawyer might say you have a contract if someone made an offer and you accept the offer but in the real world it won't work. What are you going to do, hire a lawyer and try to get the money? I don't think so, it would probably cost you an arm and a leg. All you can do is write it off and move on. You didn't lose anything. No big deal.
 
Something similar happened to me on here a couple of years ago. I advertised my Diamond table for sale for something like $4500. A buddy of mine PM'ed me quickly and said "consider it sold!".

I turned down two cash offers within the next three days. I didn't hear from him for over a week and then I reached out to him. He told me that he couldn't buy it anymore because he still hadn't sold his table (which he was relying on to get the cash).

I was moving the next week so I sold it to the local pool hall for $500 less. From that moment on I never consider anything sold until I have at least a deposit.
 
Back
Top