Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

[millyswardrobe5]

2 weeks ago I sold a couple of items that had a postage option or a pick up for local buyers.  I work full time and have 2 children who I have to drive to school and various sporting events.  In my description I stated that pick up times would be restricted becasue I can't always be home.  Most buyers who have pick up have been fantastic and were able to give me a time for collection when I given them my availablity.  The buyer I'm having difficulty with said that her life revolves around her children and as such I should be more considerate and wait for her to collect when it is best suited to her.  The first weekend after the sale she sent a message to say that she was going to pick up on the Saturday afternoon or evening.  I originally had plans and said that I was happy to cancel them if it would make her life easier.  I then received a message saying that she would text when she was on her way.  Saturday afternoon and evening passed, I never heard from the buyer.  I also gave her a Sunday morning option to pick up before 9:30am or after 1:30pm.  I work full time and need to do the grocery shopping over the weekend.  Again I never heard from the buyer.  On Monday I received a phone call from her saying that she was coming over to pick the items up.  I apologised to her said that it would not be possible at the current time becasue I was at work and 45 minute drive away from home.  Please note that the buyer lives in the next suberb to me and at most it is 10 minute drive for her.  I then later sent her a messaage to give her some week day mornings and afternoon times for pick up.  Her response was I will call when I'm coming. This has been difficult for me as I have had to commit to being at home for her to come.  On the Friday of the following week she had arranged to pick up at 3:45pm  This was okay and I had said to her as long as it was before 5pm I would be home.  After 6pm I received a message from her saying that she had a headache and wasn't coming for pick up.  She wanted to come over the weekend.  Again I had no response from her.  I really want to cancel the transaction as it is time consuming planning home avaliablity times and commiting to being at home for her not to show.  I am trying to have a clear out before Christmas and items she is picking up are quite bulky.  Am I in the wrong here?  I feel as though I'm the one making all the effort to meet her needs.  I don't really like the pick up option and I only do it as a favour to buyers.  Can I try and cancel the transaction and say that pick up is no longer an option for her?  Is she allowed to leave negative feedback if I say pick up is now no longer an option?  Thank you for your thoughts and ideas 🙂

[thecatspjs]

Very different to Victorian Act SoG

[thecatspjs]

Seems to be lots of legislative differences between vic and ql in relation to sales.

Would still like to know if OPs ok and buyer insisting on picking up goods situation under control.

[*crikey*mate*]

---

@thecatspjs wrote:
Very different to Victorian Act SoG

---

I'm working between the Qld and NSW now - the clauses are all the same, just different numbers. so maybe the vic one is the same but just numbered differently,

what I need though is a SoGA for Dummies, cos a lot of the stuff is going over my head LOL and Austlii sucks.... I need a PDF LOL

[millyswardrobe5]

Phew! She didn't come.  I told her she was under no obligation to buy the items and I am happy to cancel the transaction if she'd prefer! She still wants the items but will agree to cancel the transaction if it is too inconvenient for me to keep sending through pick up avaliablity times. (Remeber I have been doing so for 2 weeks) In between my message to her saying please don't come over tonight I called the police and they suggested I leave the items at the door and lock the screen.  It's a matter of dollars and I was feeling so scared that it wouldn't be worth the money.   For me it is inconvenient to send avaliabilty and make commitments to be at home for a possible pick up.  It's not worth the money that she's going to pay for the items.

[*crikey*mate*]

Milly, I am so pleased you are OK.

But please be careful with the cancel transaction cos I think this means the buyer can still leave you bad feedback if she wants.

cats or someone else will know better than me, but please wait until someone else says something.

[thecatspjs]

Good to hear you are safe and sound OP thank you for updating. My goodness what a horrid situation to arise with an ebay pick up.

[thecatspjs]

If you feel that unsafe with this buyer that you have called the police then IMO it would be irresponsible to give any advice contrary to that the police have given. Safety first.

[coast_golf]

---

my*mum wrote

what I need though is a SoGA for Dummies, cos a lot of the stuff is going over my head LOL and Austlii sucks.... I need a PDF LOL

---

All the QLD Acts are available in PDF format at www.legislation.qld.gov.au. But you are right, Austlii does indeed suck!

Buy it nows requiring immediate payment are an example of a contract that requires executed consideration in order for a contract to be formed. Most contracts are technically executory/promissory in nature but contracts that require execution prior to formation are no less valid. Auctions and BIN's that don't require immediate payment come under the executory consideration category and the contract is formed as soon as the auction finishes or the buyer clicks the commit to buy button on a BIN. Title of course is not transferred until the contract has been performed though.

millyswardrobe5, glad things turned out positively for you tonight 🙂

[thecatspjs]

Coast thank you for posting to clarify. Are you able to also add some clarity regarding a sellers ability to cancel the contract through ebay non payment processes.

[*crikey*mate*]

---

@coast_golf wrote:

---

my*mum wrote

what I need though is a SoGA for Dummies, cos a lot of the stuff is going over my head LOL and Austlii sucks.... I need a PDF LOL

---

All the QLD Acts are available in PDF format at www.legislation.qld.gov.au. But you are right, Austlii does indeed suck!

Buy it nows requiring immediate payment are an example of a contract that requires executed consideration in order for a contract to be formed. Most contracts are technically executory/promissory in nature but contracts that require execution prior to formation are no less valid. Auctions and BIN's that don't require immediate payment come under the executory consideration category and the contract is formed as soon as the auction finishes or the buyer clicks the commit to buy button on a BIN. Title of course is not transferred until the contract has been performed though.

millyswardrobe5, glad things turned out positively for you tonight 🙂

---

you are an absolute rockstar!

Thanks heaps!

soooooo, how about a copy of SoGA for Dummies?

(for me, obviously you don't need it LOL)