The Classifieds Forum

[jinjuku]

Every now and again there is a contentious debate going on in the thread. There needs to be sticky with a few tidbits of etiquette and requirements for posting.

I have purchased from the classifieds three times only to have a problem with sellers TWICE. This is two times too many.

First off and foremost: An offer to sell and an accepted offer by seller from purchaser constitutes a legally binding purchase agreement. Sellers do need to realize that they put themselves in a legally binding contract to accept an offer and then back out. This is a good faith contract.

Second: There needs to be some form of public recourse. Some way to let other forum members know about a problem transaction.

I am of the opinion of either do a classifieds section that hold parties accountable, or don't offer it.

 

[Matt34]

Every now and again there is a contentious debate going on in the thread. There needs to be sticky with a few tidbits of etiquette and requirements for posting.

I have purchased from the classifieds three times only to have a problem with sellers TWICE. This is two times too many.

First off and foremost: An offer to sell and an accepted offer by seller from purchaser constitutes a legally binding purchase agreement. Sellers do need to realize that they put themselves in a legally binding contract to accept an offer and then back out. This is a good faith contract.

Second: There needs to be some form of public recourse. Some way to let other forum members know about a problem transaction.

I am of the opinion of either do a classifieds section that hold parties accountable, or don't offer it.

If you have a problem with someone let the admin/mods know and we will help anyway possible. Please realize there is no legal form of recourse we can provide. The free use of the classifieds are there for the benefit of the memebers and we as moderators try our best to keep things in check.....but we need your help.

 

[jinjuku]

If you have a problem with someone let the admin/mods know and we will help anyway possible. Please realize there is no legal form of recourse we can provide. The free use of the classifieds are there for the benefit of the memebers and we as moderators try our best to keep things in check.....but we need your help.

Good point on asking the mods for help. What I would like sellers and buyers to know is that they are indeed entering into a sell/buy contract. I would also like a forum to let my fellow Audioholics know my experience. Whether good/neutral/bad.

I have seen other mod's question if there should even be a classified section. I agree in light of my experiences.

On my last purchase I required a contract of purchase and legal jurisdiction for any court action in case the selling party was not going to honor their side. I also bound my self to the same terms.

 

[Matt34]

Good point on asking the mods for help. What I would like sellers and buyers to know is that they are indeed entering into a sell/buy contract. I would also like a forum to let my fellow Audioholics know my experience. Whether good/neutral/bad.

I have seen other mod's question if there should even be a classified section. I agree in light of my experiences.

On my last purchase I required a contract of purchase and legal jurisdiction for any court action in case the selling party was not going to honor their side. I also bound my self to the same terms.

I honestly can't recall a scam in these classifieds and I know the problem is not wide-spread. Like I said though, it's impossible for us to check ever thread. The only options I see are either a "paid membership only classified" or as mentioned before closing it down for good.

 

[MDS]

On my last purchase I required a contract of purchase and legal jurisdiction for any court action in case the selling party was not going to honor their side. I also bound my self to the same terms.

Just what would said contract look like? Did you have an attorney draft a contract and then give it to the seller? The seller would then have to have his attorney review the contract before agreeing to sign it. That's a whole lot of hassle for simply selling old equipment I no longer wish to keep.

If I were selling something and you wanted to go that route I'd decline to sell to you. However, if you had already sent payment before I had sent the merchandise, I'd simply return the payment to you.

I sold a 5.1 satellite system that was new in the box (AV123 whatever it was). The buyer sent me a check and it turned out he was an attorney because his letter with the check had letterhead with his firm's name on it. He didn't require any silly contract and with me it wouldn't be necessary anyway. I sent the speakers and even had to follow up with UPS because they got the address wrong the first time around. But that's how I work - he sent me the check in good faith and I made sure he got what he paid for.

 

[jinjuku]

Just what would said contract look like? Did you have an attorney draft a contract and then give it to the seller? The seller would then have to have his attorney review the contract before agreeing to sign it. That's a whole lot of hassle for simply selling old equipment I no longer wish to keep.

If I were selling something and you wanted to go that route I'd decline to sell to you. However, if you had already sent payment before I had sent the merchandise, I'd simply return the payment to you.

I sold a 5.1 satellite system that was new in the box (AV123 whatever it was). The buyer sent me a check and it turned out he was an attorney because his letter with the check had letterhead with his firm's name on it. He didn't require any silly contract and with me it wouldn't be necessary anyway. I sent the speakers and even had to follow up with UPS because they got the address wrong the first time around. But that's how I work - he sent me the check in good faith and I made sure he got what he paid for.

The contract was a 'simple word' contract. No more than what was being sold and the terms. Terms stipulated that if the seller failed to send after payment confirmed, jurisdiction happened in my state. If the terms were I would get the item first and then have to pay and not do so, then jurisdiction would be in his state/county. Terms were I send payment, then he sent product. It all worked out.

It wasn't a problem since the seller had no intention of backing out.

Check out a book called "How to Get Your Money and Still Keep Your Customers". I picked this up for $5 and it has literally enabled my business to collect over $20K though the courts with businesses that thought it was ok to get our solution and then give us the bird on paying for it.

 

[AverageJoe]

...I am of the opinion of either do a classifieds section that hold parties accountable, or don't offer it.

Understandable, given your experiences with it. However, I'm of the opinion that we recognise the limitations of this no-charge service, or not use it.

I would not expect the same degree of resources (feedback, dispute resolution, etc.) from a free forum that we get from our favorite auction site who's primary business is charging fees for listing/selling items.

Help from the Mods is appreciated, but I look at the classifieds as simply a convenient bulletin board to get a buyer and seller together - the rest is up to them.

 

[Seth=L]

I always make it an option for me to get out of a sale by putting in my listings "I reserve the right to deny the sale for any reason" or something similar. This lets the potential buyer know that if something where to change on my end, or if I just don't feel like selling it, I reserve the right to change that. It doesn't mean I will, as I most likely won't, but I like to keep things sealed tight.

 

[x2skier]

kick out the attorneys

I would not have purchased anything from you in a free classified and then you pull out terms and go all legal on me. You are on a site full of audioholics that just want the component. There has to be some level of trust in the exchange. I agree with averagejoe; understand its purpose and limitations or don't use it.

 

[jinjuku]

I would not have purchased anything from you in a free classified and then you pull out terms and go all legal on me. You are on a site full of audioholics that just want the component. There has to be some level of trust in the exchange. I agree with averagejoe; understand its purpose and limitations or don't use it.

I wouldn't sell anything w/o the terms spelled out up front. If you didn't like them, take a hike. I wouldn't let the door hit you on the way out either. Can't have faith in you if you don't have it in yourself to honor the transaction. Something to think about.

I actually had to call one of the sellers at home (buddy runs a debt collection agency got me the ph#) and speak with his MOTHER. Kid you not. When he found out he couldn't hide, I got the product.

Any ways looking at your post count you're new around here, welcome to the site