Not Mine Need an opinion from the chip lawyers... (1 Viewer)

[bonesnjnts]

this is nothing story but hey, I'm in the chip community and where else would I ask this

had won a couple of racks of chips from eBay from the same seller, and emailed off the site asking about any other chips he had
told me he had other denominations and I agreed to his price. and he agreed to the acceptance. he had put some of the chips on eBay as it took me 4 days to replay---was out of town--and then wrote back that there were too many watchers and a couple of bids and didn't want to cause any problems--so he's not taking the chips off...

he's a totally nice guy but I thought we had a deal.

did we?

 

[Shaggy]

Did he list them before you agreed to the terms? It sounds like he listed them while you delayed your response. Sounds to me like a case of "you snooze you lose."

 

[bonesnjnts]

Did he list them before you agreed to the terms? It sounds like he listed them while you delayed your response. Sounds to me like a case of "you snooze you lose."

don't know

only looked at eBay after he told me he couldn't take them off

 

[BiGGyT]

hope you win the new auction too.

plenty of times deals fall through because of time or someone throws more cash. I'm not a lawyer, but sounds unbinding w/out written contract, and even then there may be an escape clause. Best to tell the person " I will not be able to check email for 3-4 days, hold them please, I really really REALLY want these ".

 

[Ben]

Hard to say without knowing exact wording and timing of emails, but based on available info I'd go with no, no deal. Lack of response for more than a day, maybe 2 days would invalidate any "dibs" if you had not sent payment nor made other accommodations (it's about to be 2016; "out of town" is no longer a valid excuse for total lack of contact on something like that. Even if you were in Aruba, you could have fired off a one-line message: "In Aruba 'til next week; will close the deal when I get back.")

 

[sleepypiggly]

4 days without a response does seem like a long time. But if I was the seller who agreed to a deal, I’d at least send you some emails to ask for payment by a certain date, before listing them on eBay.

 

[bonesnjnts]

4 days without a response does seem like a long time. But if I was the seller who agreed to a deal, I’d at least send you some emails to ask for payment by a certain date, before listing them on eBay.

lesson learned for me---totally taking the blame--was just feeling sorry for myself.

 

[BGinGA]

Ben nailed it, imo. ANY delay in closing the deal with payment (especially with no correspondence, either) opens up the possibility of the chips going elsewhere. Lesson learned.

 

[pltrgyst]

Without a contract (i.e., an eBay win) you don't have any assurances until he receives your payment. If you really wanted the chips, you should have sent payment as soon as you agreed to his price.

 

[bonesnjnts]

Without a contract (i.e., an eBay win) you don't have any assurances until he receives your payment. If you really wanted the chips, you should have sent payment as soon as you agreed to his price.

feels like I’m getting piled on here.

 

[pltrgyst]

feels like I’m getting piled on here.

No -- I suspect we've all lost out on one or two lots of chips in situations sort of like this. I know I have.

Unless you know the seller personally, you really have to be very clear and very prompt to avoid things like his happening.

 

[BGinGA]

you should have sent payment as soon as you agreed to his price.

Unless you know the seller personally, you really have to be very clear and very prompt to avoid things like his happening.

And stating it all here clearly in print may help others avoid the same pitfall. So no, not piling on..... just getting the info out so that the mistake might be avoided by others in the future.