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 🙂

[*crikey*mate*]

*smirk*

I just got this from trying to access the qld gov site LOLOLOL

This Connection is Untrusted

You have asked Firefox to connect securely to www.legislation.qld.gov.au., but we can't confirm that your connection is secure.

Normally, when you try to connect securely, sites will present trusted identification to prove that you are going to the right place. However, this site's identity can't be verified.
What Should I Do?

If you usually connect to this site without problems, this error could mean that someone is trying to impersonate the site, and you shouldn't continue.

[*crikey*mate*]

"Title of course is not transferred until the contract has been performed though."

When has the contract been performed?

[thecatspjs]

If all else fails try another browser ....

[*crikey*mate*]

SALE OF GOODS ACT 1896 - SECT 4

4 Sale and agreement to sell

(1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. it does not say money has to change hands, it just needs consideration. Thomas v Thomas (1842) 114 ER 330 and at least 4 other cases.

[thecatspjs]

Mmmm ... not so clear cut as one would like ... 

Victoria  - Goods Act 1958 - SECT 6

Sale and agreement to sell

6. Sale and agreement to sell

(1) A contract of sale of goods is a contract whereby the seller transfers or
agrees to transfer the property in goods to the buyer for a money
consideration called the price. There may be a contract of sale between one
part owner and another.

(2) A contract of sale may be absolute or conditional.

(3) Where under a contract of sale the property in the goods is transferred
from the seller to the buyer the contract is called a sale; but where the
transfer of the property in the goods is to take place at a future time or
subject to some condition thereafter to be fulfilled the contract is called an
agreement to sell.
(4) An agreement to sell becomes a sale when the time elapses or the
conditions are fulfilled subject to which the property in the goods is to be
transferred

[*crikey*mate*]

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@thecatspjs wrote:
If all else fails try another browser ....

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I've actually got it saved to favourites doh and if I go in through the uni server I have access to heaps of things other than austlii

but.....

password expired yestewrday and I haven't reset it yet so it was all too hard cos I'm being a sloth LOL

*hangs head in pretendy shame*

[*crikey*mate*]

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@thecatspjs wrote:

Mmmm ... not so clear cut as one would like ... 

Victoria  - Goods Act 1958 - SECT 6

Sale and agreement to sell

6. Sale and agreement to sell

(1) A contract of sale of goods is a contract whereby the seller transfers or
agrees to transfer the property in goods to the buyer for a money
consideration called the price. There may be a contract of sale between one
part owner and another.

(2) A contract of sale may be absolute or conditional.

(3) Where under a contract of sale the property in the goods is transferred
from the seller to the buyer the contract is called a sale; but where the
transfer of the property in the goods is to take place at a future time or
subject to some condition thereafter to be fulfilled the contract is called an
agreement to sell.
(4) An agreement to sell becomes a sale when the time elapses or the
conditions are fulfilled subject to which the property in the goods is to be
transferred

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but look in the definitions - in qld they were the section before that one. it defines how agreement to sell is to be handled as a sale for the purposes of the Act (sic) and I just closed all mine down so wellllll

EDIT: Mine looks exactly the same as that - it's back there somewhere. but I just c&p'd I didn't do fancy pics LOL

[coast_golf]

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@thecatspjs wrote:
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.

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As eBay members, we all agreed to the User Agreement which includes acceptance of the Unpaid Item Policy, Having said that, the UIP is not particularly well written in my opinion and does allow a buyer a potential "out" if they wish to continue with the transaction after the UID is closed in limited circumstances. Probably best that I don't air my exact concerns on an open forum but depending on the individual circumstances, I'm not entirely convinced that a court would find in favour of the seller. There is obviously then the possibility of the seller seeking damages against the party who shall remain unnamed, but to speculate beyond that point, well, would just be speculating 😛 The chances of someone going to those lengths with an inexpensive/common item with absolutely no guarantee of success is highly unlikely but the chances increase as the value and desirablility of the item heads northward (albeit still very unlikely).

So the short answer is that while the eBay unpaid item process is probably going to be sufficient for the vast majority of transactions, occasions may arise where the buyer may have a legitimate claim even after an UID has been closed in favour of the seller. I know this is all rather vague but I don't want to cop a slap!

[coast_golf]

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@my*mum wrote:

"Title of course is not transferred until the contract has been performed though."

When has the contract been performed?

---

Once the consideration (in the case of an eBay transaction) has actually been exchanged. If title was to pass immediately upon formation of an executory contract, the buyer would have legal title to an item that they have yet to pay for.

[thecatspjs]

Crikey .... jeezuz I cut and paste from web and it stayed in format

So its a contract for an agreement to sell, and when conditions are met it is a sale contract - bhahahaha  - I need another glass of vino to ponder that.

EDIT thank you coast - saw your post after I waffled ...