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Walter Laich
06-12-2012, 07:09 PM
Say a seller has a rifle and a scope for sale. Wants to sell both together but will break them up.

first reply says he just wants to buy rifle

second response says he'll take both.

both replys are within one hour of each other and seller hasn't replied to either


Question: who 'wins' the item(s)


just curious

captaint
06-12-2012, 07:16 PM
Walter - The seller says he wants to sell both together. One person wants to buy both - that's easy, for me anyway. One might want to get back to the first guy and tell him the second guy wants to buy both. BUT, you were first, SO, do ya want both ?? If not, it goes to the guy who does. Good luck. Mike

2Tite
06-12-2012, 07:29 PM
I'm with captaint. Offer both to the first guy......if he doesn't want them then sell to the guy that does.

fishhawk
06-12-2012, 07:33 PM
Well that's the way i would call it also. steve k swapping and selling moderator

evan price
06-13-2012, 05:19 AM
The package deal gets first dibs.

Ziptar
06-13-2012, 08:53 AM
Agree with all of the above.

Offer package to first guy if he says no then it goes to the second.

H.Callahan
06-13-2012, 04:08 PM
Walter - The seller says he wants to sell both together. One person wants to buy both - that's easy, for me anyway. One might want to get back to the first guy and tell him the second guy wants to buy both. BUT, you were first, SO, do ya want both ?? If not, it goes to the guy who does. Good luck. Mike
Yup!

I'm with captaint. Offer both to the first guy......if he doesn't want them then sell to the guy that does.
Yup!

Well that's the way i would call it also. steve k swapping and selling moderator
Yup!

Agree with all of the above.

Offer package to first guy if he says no then it goes to the second.
....and Yup!

Freischütz
06-13-2012, 04:43 PM
Captaint's version gets my vote.

paul h
06-13-2012, 05:18 PM
If you want to get legalistic, your for sale ad is a contract. The first guy's offer was a modification on the contract that you offered and you have every right to deny what he offered. The second guy accepted the contract as you offered it.

Not a lawyer, but married to a future one.

Walter Laich
06-13-2012, 05:26 PM
Thanks, we were caught up on the fact that the first guy was willing to buying part of it but the second one was what we really wanted.

didn't want to hurt feelings or get into an arguement over this as far as who was first, what's on second....

This will also help me when I see these offers and know how they operate.

walt

williamwaco
06-13-2012, 09:10 PM
Co-ntract. Is a two sided concept.
There is no contract until both sides agree.

Offering something for sale does not obligate you to sell it at all, least of all to the first respondent.
Sellers get sellers remorse all the time and change their minds and don' sell it.

There are exceptions to this in the case of discrimination in regulated markets but this is not a regulated market.

( You are regulated only as to who you cannot sell it to or who you cannot ship it to. )


Answer: The winner is whoever the seller chooses.
In this case, I would sell it to the guy that wanted both, even if he was a week later.

BUT. If I accepted an offer, I would NOT back out on it for a better offer.
.

dragonrider
06-13-2012, 09:30 PM
Since the sellors preferred sale is for both items together, the first person that wishes to buy both gets the deal, hence the second fellow gets the deal. Now I would impose a reasonable amount of time to pass before saying "ok I would break them up". 1 hr is not a reasonable amouunt of time.

blaster
06-15-2012, 11:14 PM
I am a lawyer and paul h is correct at least in my jurisdiction, dare i say in most ucc jurisdictions. Your offer of the package was an open ended contract subject to acceptance. Just the gun was a counteroffer. As long as you offered it as a package you have the right to refuse terms other than the original. Not legal advise we have not established an attorney client relationship anyone is subject to civil action at any time for any reason.

Tatume
06-16-2012, 10:32 AM
Say a seller has a rifle and a scope for sale. Wants to sell both together but will break them up.

Did the ad say you are willing to break them up?

crabo
06-16-2012, 11:32 AM
I would think that by this time, you would see that the consensus is to sell the package with a clear conscience. Splitting them up is clearly not your first choice as the seller, but as a last resort to sell the items.

Offer the package deal to the first responder. He may want the rifle enough to buy the package and sell the scope to someone else.