@my*mum wrote:
@zigzagdot wrote:
How can something be considered as SOLD when it has NOT BEEN PAID FOR? Try that one at COLES, see how far you get.
I'm just being honest, I don't give a rats ass about Buyer's collecting time schedules, they don't give a rats ass about Seller time schedules either. Keep it SIMPLE, SELL, PAY, POST or COLLECT at an arranged time. The process becomes legally complex when either party does not play the game and even more tricky when the Auctioneer leaves loopholes for Buyers and disempowers Sellers.
the auctioneers have not left any loopholes, (BTW, eBay say in their T&C that they are not auctioneers) they are applying the law of contract. Something that might be a wise thing for anyone to apply who enters into contracts.
you can caps lock me as much as you like, but this doesn't change the law.
a promise to pay (which is what a bid is) is sufficient consideration to form a legally binding contract.
yes the law is tricky if you do not know it (and a lot of times even if you do) but that does not give you the right to break it.
To form a legally binding contract you need
1) Offer = the bid
2) Acceptance = when the hammer falls/auction times out.
3) Intention = you signed the user agreement
4) Consideration = your bid is a promise to pay
5) = capacity - you signed the user agreement
Contract formed
Ownership passes.
5) = capacity - you signed the user agreement
The user agreement is an agreement formed between a member and ebay It has no bearing on any contract that may be formed with another member. Those terms and conditions are governed by the seller as stated in the listing.
In fact agreeance to your user agreement explicitly procludes that from being the case
3 (in part)
We are not involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below, .
If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is listed in a category under the Non-Binding Bid Policy.
Any seller can specify in their terms and conditions at what point ownership changes (see 4 in part below)
4 By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this
Agreement or unlawful.
http://pages.ebay.com.au/help/policies/non-binding-bid.html
The following types of items must be listed in the appropriate "non-binding bid" category (if such category exists), and
may only be listed to solicit indications of interest for the item:
Real Estate (e.g., homes, real property)
Businesses (e.g., stock sale of businesses)
Mary is selling her house and has received many bids on the property. The listing closes with a high bidder and Mary is ready to close the sale.
Unfortunately, the high bidder decides not to complete the transaction.
Upset with this buyer, Mary tries to file for Final Value Fee credit through the Unpaid Item process.
Mary, the seller, is in violation of the non-binding bid policy because bids on real estate are not contracts.
atheism is a non prophet organization
