On Mon, 23 Apr 2001, Frank Theriault wrote:
> Having re-read your post, I see what you're saying. If you're selling
> a (let's say) lens for "$500 obo", and I offer $50, you can say,
> "well, I acknowledge your offer, but since I didn't say "$500 obo
> before April 30, I'm going to wait for a better offer".
That's the gist of it, yeah.
> To an extent, you're right, but I don't think that "clears the vendor
> of legal responsibility". If no one else "bids" on it, the vendor
> can't simply withdraw the offer, once the offer is accepted by someone
> (in this case, me).
Really? I was under the impression that a buyer or seller could legally
back out of a sale unless a contract had been signed or a legally binding
action had been performed. eBay rules state *explicitly* that your bid is
a contract, so that sews that up. But a casual private sale doesn't
require a buyer to sign any sort of legal agreement, and I wouldn't think
that any implied binding action would occur. If the seller suddenly
decides not to sell it because it's either stolen, damaged, or they need
it, can't they legally withraw the offer to sell any time before the
payment is sent? Note that I'm not talking about ethics, but about
legality, which I know nothing about.
> Of course, in the real world, I'm not going to take you to court to
> enforce a $50 contract. But it sure wouldn't stop me from thinking
> that the vendor is a real sleaze-ball (not you of course - I'd never
> think that!)
Hmmmm... Personally, I wouldn't think a seller a sleazeball if they
refused to sell a $500 item for $50 even if they said "OBO". If I thought
my offer was fair, then I'd be pissed off at the seller, but if my offer
was ridiculously low then I'd just accept it.
> But then, being a reasonably intelligent person, and an honourable and
> astute businessman, you'd never make such an open-ended offer, would
> you? ;-)
I wouldn't say "never." :) When I do sell something that's not on eBay,
my preferred method is to set a specific price and sell it to the first
person who offers that amount. If it goes a while without being sold,
I'll consider accepting lower offers. If I want to get the most I can for
an item, I'll post a time frame during which I will accept offers on it,
and it will go to the person with the highest offer over my
publically-announced minimum amount at the end of the time
period. Something like, "I'm accepting bids on this lens until Friday
night, and the highest offer over $500 by that time wins it."
I've never thought much about the implications of "OBO" before. I still
don't like the phrase, but if I do use it I'll probably try something like
"OBRO" instead, where *I* decide what a reasonable offer is. I still
don't buy into the scary legal stuff, but at heart you have a good point.
How much of this is based on intent? Is a "lens for sale" really a
promise to sell it? Would it be different if the seller said, "I'm
considering selling this lens, so please submit bids for $500 OBO and I'll
consider them"?
chris
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