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  1. #21
    mbnow's Avatar
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    Quote Originally Posted by Sol_Invictus View Post
    Well I didn't intend to cause so much confusion. I do want the item, but I just wanted to ask about how true to size and temp the top quilt was before I bought it.

    I would think there has to be provision in this "I'll take it" policy to make sure that the used items we're buying are what we actually want. Especially when buying high priced items.

    I figured as long as the size and temp matched the ratings, I would pay for the item. I did not intend to "hold up" the sale. If for some reason the quilt didn't deliver on its measurements, I would then back out for the next interested person in line.

    I have to agree.

    With the lack of details on a lot of items being sold. An "i'll take it pending questions" seems more than reasonable to me as a commitment to buy but wanting to clarify description etc.

    If a blind "i'll take it" trumps the "I'll take it pending questions" then you'll end up with a lot of disgruntled buyers and incomplete transactions once the buyer discovered it wasn't really the item they thought it was.

    Also it is only fair for a potential buyer to ask a couple of questions before handing over the $.

    Just my 2 cents.

    Matt.
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    "The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubt" -BR-.

  2. #22
    Senior Member Gary_R's Avatar
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    Quote Originally Posted by mbnow View Post
    I have to agree.

    With the lack of details on a lot of items being sold. An "i'll take it pending questions" seems more than reasonable to me as a commitment to buy but wanting to clarify description etc.

    If a blind "i'll take it" trumps the "I'll take it pending questions" then you'll end up with a lot of disgruntled buyers and incomplete transactions once the buyer discovered it wasn't really the item they thought it was.

    Also it is only fair for a potential buyer to ask a couple of questions before handing over the $.

    Just my 2 cents.

    Matt.
    So then say "Ill take it" and include the question when you arrange payment. Leave out the pending...
    My DIY Pulk Project
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  3. #23
    mbnow's Avatar
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    Quote Originally Posted by Gary_R View Post
    So then say "Ill take it" and include the question when you arrange payment. Leave out the pending...
    If i say "i'll take it" with no questions, then that is exactly what i am doing. Sight unseen. If i ask questions later then back out, i would feel disingenuous.
    But thats just me. A "pending questions" feels more open and honest. And would seem to me to be a solid commitment to buy but needing some details clarified. But definitely not the price!!

    Matt.
    .

    "The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubt" -BR-.

  4. #24
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    Quote Originally Posted by mbnow View Post
    If i say "i'll take it" with no questions, then that is exactly what i am doing. Sight unseen. If i ask questions later then back out, i would feel disingenuous.
    But thats just me. A "pending questions" feels more open and honest. And would seem to me to be a solid commitment to buy but needing some details clarified. But definitely not the price!!

    Matt.
    This exactly. I agree, price shouldn't really fall into this. I would feel that's more of a "pm sent with offer" type of thing, to be potentially usurped by a flat out "I'll take it."

  5. #25
    body942's Avatar
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    Quote Originally Posted by mbnow View Post
    If i say "i'll take it" with no questions, then that is exactly what i am doing. Sight unseen. If i ask questions later then back out, i would feel disingenuous.
    But thats just me. A "pending questions" feels more open and honest. And would seem to me to be a solid commitment to buy but needing some details clarified. But definitely not the price!!

    Matt.
    I don't even have a dog in this particular race, but I agree 100%.
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  6. #26
    Senior Member catalyst's Avatar
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    Quote Originally Posted by mbnow View Post
    I have to agree.

    With the lack of details on a lot of items being sold. An "i'll take it pending questions" seems more than reasonable to me as a commitment to buy but wanting to clarify description etc.

    If a blind "i'll take it" trumps the "I'll take it pending questions" then you'll end up with a lot of disgruntled buyers and incomplete transactions once the buyer discovered it wasn't really the item they thought it was.

    Also it is only fair for a potential buyer to ask a couple of questions before handing over the $.

    Just my 2 cents.

    Matt.
    I just don't see this happening. I participate in other forums where an item goes to the first firm offer and you don't see any disgruntled buyers or large number of incomplete transactions. It's fair to ask questions - and people do - and then once they know enough about an item to make an informed decision they make an offer on the item. Is there the possibility of missing out on an item? - yes, but it doesn't happen often.

    Allowing someone to tie up an item while not being completely decided on whether or not they will purchase it puts the seller at a disadvantage. He/She can no longer entertain any offers and is at the mercy of the person with "pending questions". As a seller, how long must you wait once you have answered a person's questions before entertaining other offers? Until the potential buyer lets you know what they've decided? How much time is that? Some potential buyers are quick to respond, but some aren't. Research the product, ask questions if needed, and then make an offer. I think this is the best way to avoid any confusion. It's a difficult issue to deal with though, which is why the mods are still figuring out a policy I suspect.
    The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy."

  7. #27
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    Moderators, please research UCC 2-207. This governs the sale of goods generally in the US. I quote:

    A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

    The definition of pending is, I quote:

    Adjective: Awaiting decision or settlement.

    Preposition: Until (something) happens or takes place: "they were released on bail pending an appeal".

    Simply put, if "I take it pending questions" is considered an acceptance, then the seller could recover damages for failure to pay against the buyer, regardless of the answer to the questions. That just doesn't make sense here. The person who gives the unequivocal "I'll take it" bears the risk of accepting the offer without additional information, but in return is given the reward of first option to buy for taking such risk. Please do the right thing here, mods.

  8. #28
    mbnow's Avatar
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    Quote Originally Posted by catalyst View Post
    I just don't see this happening. I participate in other forums where an item goes to the first firm offer and you don't see any disgruntled buyers or large number of incomplete transactions. It's fair to ask questions - and people do - and then once they know enough about an item to make an informed decision they make an offer on the item. Is there the possibility of missing out on an item? - yes, but it doesn't happen often.

    Allowing someone to tie up an item while not being completely decided on whether or not they will purchase it puts the seller at a disadvantage. He/She can no longer entertain any offers and is at the mercy of the person with "pending questions". As a seller, how long must you wait once you have answered a person's questions before entertaining other offers? Until the potential buyer lets you know what they've decided? How much time is that? Some potential buyers are quick to respond, but some aren't. Research the product, ask questions if needed, and then make an offer. I think this is the best way to avoid any confusion. It's a difficult issue to deal with though, which is why the mods are still figuring out a policy I suspect.
    The difference here is that a "i'll take it, pending questions" is NOT an offer, its a commitment to buy based on the price and description of an item, but just needing to clarify some details. Given the lack of details many of the items for sale here have, i think thats reasonable.
    It is also fair ( i think) for the seller to expect some effort from the buyer in communicating in a timely manor, so as not to tie up sale of an item.
    If questions are answered and seller is waiting for response from buyer, a pm saying "hey, i have another buyer waiting, so i need a response" is, i think, fair and courteous.

    Quote Originally Posted by SaabZombee View Post
    Moderators, please research UCC 2-207. This governs the sale of goods generally in the US. I quote:

    A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

    The definition of pending is, I quote:

    Adjective: Awaiting decision or settlement.

    Preposition: Until (something) happens or takes place: "they were released on bail pending an appeal".

    Simply put, if "I take it pending questions" is considered an acceptance, then the seller could recover damages for failure to pay against the buyer, regardless of the answer to the questions. That just doesn't make sense here. The person who gives the unequivocal "I'll take it" bears the risk of accepting the offer without additional information, but in return is given the reward of first option to buy for taking such risk. Please do the right thing here, mods.
    I have to disagree. The first part of your quote is from the "Form, formation and readjustment of a contract" Part three of that article is:

    (3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

    I interpret that to be a mutual understanding between both parties that the item can be "sold pending questions" and still be a "contract"

    but i am so far from being a lawyer its not even funny....
    .

    "The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubt" -BR-.

  9. #29
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    But here, the questions involved the accuracy of the size and warmth ratings. Does anybody reasonably believe that if the response to those questions was "nope, this thing is noticeably shorter and less warm than I expected," Sol would still have been expected to buy it? I think we all see that he would not because it wouldn't be fair. Going hand in hand with that is that it wouldn't be fair to block the seller from selling. That's what's called an option contract, and you can't impose those unilaterally on a seller.

    I am an attorney, but I don't want to make this about that. These are cornerstones of contract law, but I think they are principles that virtually everyone can understand. I'm the last person in my bar who will say that law is something that is accessible to a specialized few.

  10. #30
    Grinder's Avatar
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    a qualified commitment is not a commitment, but a counter offer.

    Grinder has spoken.

    No one cares particularly.
    grinder

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