This topic came up in the sale of a levergun here. Clearly, some users of this forum believe the first "I'll buy it" posted on an item for sale should get that item, no questions asked. Others, like me, take a more nuanced approach and am likely to extend -- or accept -- an offer by PM. Why? I as a buyer or seller may want to clarify details of the item for sale -- inquire further about bore condition, possible interest in trades, consider an offer below asking price, that sort of thing. I do not care to have these discussions going on in public as this might prejudice my chances of buying or selling the item.
So I come out firmly on the side of seller's choice about whom to sell it to. I have both won and lost using this strategy. Sometimes while I have been waiting to confirm that the item is exactly what I am looking for, some guy will come along and shout "I'LL BUY IT" on the open forum. I have lost out on buying a few times this way. It can be disappointing, but life strangely goes on.
Again, I prefer the flexibility of choosing the winner. But I also believe this should be spelled out as perhaps the only classified rule. Many Web sites I frequent make very clear in their rules statement that it is one or the other: First "Ill buy it" or "Seller's choice."
A variation of this theme is the seller who posts an item and does not follow up. More than once I have posted an "I'll take it" only to hear back from the seller "Oh, I sold that two days ago." That's disappointing, too, but our happiness in life should not depend on whether we get to take possession of someone else's material object. Still, it is a courtesy for a seller to at least post an SPF, if not a "SOLD."
At the end of the day, these are private party sales and not auctions.

This is stupid!!! If you post "first I will take it followed by PM" that's the only time that should be the rule. It's your sale and you decide how to handle it.

The fact that someone thinks they dictate your sale is crazy!!!

Now if the forum owner decides that's the rules to post on their forum that's a different response. I am not aware of any such rule on any forum!!!!

I went around and around with a clown over this a while back. I got so PO’d I deleted the ad, then the clown started a thread on ME personally.

I word my adds it is MY choice whom I sell to, be it a PM or open board.

I myself figure a PM keeps some clutter down.

But yeah the buyer thinks they are in control, NOT!

Read the case on google entitled

Lefkowitz v. Great Minneapolis Surplus Store, Inc. for an interesting discussion of when a contract might be formed.

quote:

Originally posted by Kolo-Pan:
Read the case on google entitled

Lefkowitz v. Great Minneapolis Surplus Store, Inc. for an interesting discussion of when a contract might be formed.

What's the jurisdiction for a Contract on a forum owned in the UAE, moderated in multiple countries, that may have an advert posted from just about any country in the world and with a potential buyer in maybe another country?

It's complicated at times. I advertise both here and GA. I put up a Ruger Bearcat on here. I put it on GA just a few minutes before the AR add. When I got the alert that a GA buyer wanted it, I also received an "I'll take it" from an AR member.

The offers were simultaneous. I felt the GA buyer was just prior so I told the AR member it sold. (I think I sold it too cheap)

Good used condition, in box with receipt, 650.00

My dad bought me the pistol in like 1970 IIRC, It was 54.00

IMO buyers who post "I'll take it" get priority.

Those that PM generally want to negotiate (nothing wrong with that).

I will usually word the ad so the earliest "I'll take it" gets it as most of us cross post on different forums. If I do accept a PM offer I'll immediately update the ad. Although this could take overnight or several hours.

quote:

What's the jurisdiction for a Contract

Jurisdiction and Venue depend on the type of case, local law, state statute, and sometimes even the U.S. Constitution. A real good place to start is the jurisdiction where the breach took place which is generally where the defendant (the person who breached) resides.

But remember, the main goal of a contract lawsuit is to prevent unjust enrichment, so while there may be specific instance where you can get an order for specific performance, make sure you have actually lost something of value before you sue for breach of contract!

This has nothing to do with contracts; it is Open Forum respect and fairness.
Of course anyone can sell to whomever he wants; that is not the point. The point is that the seller has posted something on this open forum, for forum members to respond to.
The first one to post "I'll take it: PM sent", sort of the commonly used format here, should be the one who gets it. If the seller chooses to ignore this common courtesy rule and sell it to someone in secrecy (after he has enjoyed the public free advertising), that is up to him. But he should not think that is fair.
After this open, I'll take it, the PM will follow to the seller. Then if the potential buyer discovers something he does not like, the post can be deleter and/or the item is still for sale. This is very clear and fair to the seller, buyer, and all forum members. If the seller wants secrecy, go to Gunbroker and pay their fees. Otherwise, treat all forum members the same; no secret deals.
If you want too sell something so it is a secret, then post; " Offers to buy will only be accepted via PMs". Lest someone actually think it is actually still for sale.

This has everything to do with contracts. A sale of goods is a contract subject to the laws of the jurisdiction in which the sale took place. Between merchants its subject to the Uniform Commercial Code Between private parties its mostly subject to local common law. The seller has made an invitation for offers to buy his goods. the buyer can choose to make those offers, whether they conform to the sellers wishes or not. The goal is a meeting of the minds and buyer and seller performance of the offer and acceptance.
Any would be buyer can make counteroffers in private, and the seller may comply with that offer or reject it for noncompliance with the offer to sell the goods. Fair is when there has been a meeting of minds between the seller and a buyer.

I'm talking about common courtesy to forum members; this is a closed members only environment. Non members can read the ads but can't respond to them in any way.
I say that if you want to buy something totally private, you won't be buying anything I post for sale. Every member should know where he stands. But I don't make the rules.
As I said, the seller and buyer are free to do any thing they want; but I don't have to like it. And many other forum members don't either. Tbis idea has zero to do with legal contracts, common law or anything but common courtesy to fellow forum members. Which means nothing either, to some people.

I don't disagree. It is correct that you don't have to like it and it is probably correct that other members don't like it either. But its fair that you may reject members whom you don't want to sell to for any reason including whether their nose is crooked. Still a sale of goods is a contract subject to the laws of the jurisdiction in which the sale takes place because even though the venue in which the sale takes place may be privately owned, the sale itself remains subject to the laws of the jurisdiction it takes pace in. To use your example if a person wanted to sell something privately he could say to you that you won't be buying from me and that would be just as legitimate as what you have said. And this board supports "private" conversations by providing a place for them.

I'm not worried about losing sales because someone does not want to post that they want it.
Buyers privacy? No one uses their real names here anyway. Almost no one.
Anyway, my rule is to say, I'll take it. Don't like my rule; as always, contact the moderator. Not me.
Of course, for your lawyers out there, all other forms of communication are still legal, binding, and valid;(I didn't say they weren't); it's just that I won't be using them. It's not agout legality.

There are members who I do business with gladly over and over.

There one or two that I felt were not totally honest.

Even though they offered stuff I wanted. After the first deal went south.

One of them posted on this thread.

No More.

I much prefer I will take in the open.

If I make a offer. I do it by PM.

I have had a couple of cases where a brand new forum member with zero track record has said I'll take it, and subsequently someone I know and have dealt with has sent a PM asking to buy, and I have quite guiltlessly sold to the known buyer. I am not losing sleep over this.
Maybe I am skittish. Years ago a newish guy on another forum who seemed a good egg pledged to buy a Webley Mark 1 from me. As is my usual practice, I sent the gun to his FFL at the same time he said he had sent payment. He got the gun. I never got the payment.
OK, I am open to the charge of being a trusting sap and got what I deserved. Whatever. Out of hundreds of transactions over the last 40 years or so, this was the only damned thief. I hope he has syphilis.