Please Read

[Cory108]

Alright guys, Here is the story.

I have been searching for an original xbox in working condition for a little while and I found one on Craigslist in my area. He listed it for $100 or best offer for the complete system, hd cables, 3 extra controllers (one oem and 2 wireless), and 9 games. I emailed him with an offer of $70 and he accepted. We agreed to meet up the next day to complete the transaction. I called him and he said that he could meet me in a half hour at the location I was at. I told him that I would meet him at his house when I got off of work. He agreed and stated that he would be home all day so that it was not a problem.

So it came time and I called him, no answer. I tried 3 times over the next house, no answer. I went home and emailed him, no response. I then called him again, no answer.

I waited a few hours and called him and he answered.

He told me that he had to go to a wake and was unable to contact me. I called him the first time at 5pm and here it was 9pm that he finally answered. I asked him about the xbox and said that he received a call after I called him to meet up and was offered the full amount $100 for the xbox. I told him that I would be in contact and hung up.

Under consumer law, we entered into a binding contract that he breached. Legally I am entitled to damages.

My question is should I or shouldn't I take him to small claims court.

[pedigree]

lol why wouldnt you have just offered the full 100? either way its cheap.... you were just being greedy and got owned

[Blu-Raider]

Seriously??

Isn't your time worth more than $30 ??

[School]

it would cost you more money in court fees and its also a civil matter no police department would do a report on that. next time try ebay

[badboi]

Awww hell. I thought this was going to be something important. I'm gonna sue to OP for reimbursement for the two minutes I lost reading this thread.

[xtop]

this is a joke right?

[pedigree]

hey guys heres my story,
i came into this thread thinking it was something important, except in the end i wasted 30 seconds of my life... should i: A. sue the OP for 30 seconds of his life? or B. complain about it online?

[Cobalt]

Originally Posted by Cory108

Alright guys, Here is the story.

I have been searching for an original xbox in working condition for a little while and I found one on Craigslist in my area. He listed it for $100 or best offer for the complete system, hd cables, 3 extra controllers (one oem and 2 wireless), and 9 games. I emailed him with an offer of $70 and he accepted. We agreed to meet up the next day to complete the transaction. I called him and he said that he could meet me in a half hour at the location I was at. I told him that I would meet him at his house when I got off of work. He agreed and stated that he would be home all day so that it was not a problem.

So it came time and I called him, no answer. I tried 3 times over the next house, no answer. I went home and emailed him, no response. I then called him again, no answer.

I waited a few hours and called him and he answered.

He told me that he had to go to a wake and was unable to contact me. I called him the first time at 5pm and here it was 9pm that he finally answered. I asked him about the xbox and said that he received a call after I called him to meet up and was offered the full amount $100 for the xbox. I told him that I would be in contact and hung up.

Under consumer law, we entered into a binding contract that he breached. Legally I am entitled to damages.

My question is should I or shouldn't I take him to small claims court.

Are you serious?? You lost nothing but some time and you want to sue someone? Umm - welcome to LIFE - please remain calm during your ride.

Jeesh. I am seeing this more and more. People getting sue happy because someone said they would sell to them and they did not but nobody lost anything yet the person who was going to buy gets all pissy and moany and sue happy. It's a joke.

Chalk it up to how things work - get over yourself - and go find a new seller

[Cory108]

I guess I underestimated the forum. What if I were to say he was Pro Hd DuD and was known to promote anti-blu literature.

I wasn't "cheap" I shot him an offer for obsolete and used electronics. He accepted. He even agreed to meet with me.

Let's say that you were looking for a car. You find one for $1000 or best offer. You give your offer of $700 and the seller agrees. He tells you to come down when you can and gives you his address and phone number.

A few hours later, you show up and the car isn't there. The seller tells you that someone came by and gave him the full amount. How would you feel? Besides it being f***ed up, you could sue. It would be hard because it was word of mouth.

There would be no police report because it is a civil and not criminal.

Too many people let themselves get stepped on. If it were an ebay thing, the cost of going to their state to sue them would be ridiculous. He lives down the road from me and after 2 years of busines law classes, I do have the evidence and feel that I would win the damages reasonable to cover the cost of the goods purchased from a more reliable seller.

And no, you clicked on this voluntarily.

[DetroitSportsFan]

Wow.

[Cobalt]

If you really want to get "technical" with your point of view - most states also have a clause that let's people back OUT of an agreement within a certain period of time. Might want to check that out.

Beyond that - this thread is ridiculous to say the least.

[CGYBLU]

Are we going to see you on Judge Judy??

LMAO

[LynxFX]

Originally Posted by Cory108

Under consumer law, we entered into a binding contract that he breached. Legally I am entitled to damages.

Legally you are entitled to jack squat. You entered no binding contract of any kind. Sorry but this whole thing is a joke.

If anything you would be the one getting sued if you tried to persue this matter further. I could easily see a case of "I'm being harrassed by this guy" type lawsuit.

[Kirsty_Mc]

Warning

Do Not Respond to this post

OP displays litigious tendencies

Disclaimer: I, or anyone connected or otherwise with me at or near my current location accept no responsibility for the contents of this post. Furthermore this post does not indicate any opinion sober or intoxicated, and no inference should be made that it does express an opinion. This post does not reflect the opinions of the Blu ray forum, or indeed of anyone else for that matter. This post is made in jest, and subject to the bounds of British humour, which may not be appreciated by litigious Americans.

Disclaimer Disclaimer: I, or anyone connected or otherwise with me at or near my current location accept no responsibility for the contents of this disclaimer. Furthermore this disclaimer does not indicate any opinion sober or intoxicated, and no inference should be made that it does express an opinion. This disclaimer does not reflect the opinions of the Blu ray forum, or indeed of anyone else for that matter. This disclaimer is made in jest, and subject to the bounds of British humour.

[MrBogey]

The cost of pursuing this would cost you more than you were willing to pay and the possibility of losing it because the judge hates his time being wasted is quite high.

[blindcat87]

Actually, a verbal agreement to sell something is not a binding contract. Either party can back out until the point where money changes hand. Period. It isn't nice, but it is not even grounds for a civil suit.

You didn't underestimate the forum, you misinterpreted the law. The nice thing about eBay is that entering to an auction there creates real legal obligations. People backing out of verbal deals leaves no recourse for the party that feels injured. There is no criminal or civil injury. You have a perfect right to be annoyed and to complain, you have zero grounds to sue,.

Chris
QUOTE=Cory108;555328]I guess I underestimated the forum. What if I were to say he was Pro Hd DuD and was known to promote anti-blu literature.

I wasn't "cheap" I shot him an offer for obsolete and used electronics. He accepted. He even agreed to meet with me.

Let's say that you were looking for a car. You find one for $1000 or best offer. You give your offer of $700 and the seller agrees. He tells you to come down when you can and gives you his address and phone number.

A few hours later, you show up and the car isn't there. The seller tells you that someone came by and gave him the full amount. How would you feel? Besides it being f***ed up, you could sue. It would be hard because it was word of mouth.

There would be no police report because it is a civil and not criminal.

Too many people let themselves get stepped on. If it were an ebay thing, the cost of going to their state to sue them would be ridiculous. He lives down the road from me and after 2 years of busines law classes, I do have the evidence and feel that I would win the damages reasonable to cover the cost of the goods purchased from a more reliable seller.

And no, you clicked on this voluntarily.[/QUOTE]

[blindcat87]

This is why I have always been for changes in our civil court system to place the burden of legal and court costs on the losing party in a lawsuit. Australia and several other countries follow this model and it leads to a serious decline in the number of frivolous and off the cuff lawsuits. Luckily, our system allows for judges to consider past lawsuits and classify a person as a malicious or nuisance litigant. When this happens, the party so named can no longer directly file any further suits. If they wish to file a suit, their case must be reviewed by a panel of judges to determine if it has merit or if it is more nuisance litigation.

Chris

Originally Posted by LynxFX

Legally you are entitled to jack squat. You entered no binding contract of any kind. Sorry but this whole thing is a joke.

If anything you would be the one getting sued if you tried to persue this matter further. I could easily see a case of "I'm being harrassed by this guy" type lawsuit.

[Sylin]

No, you do not have a legally-binding contract, unless you can prove, in WRITING, that you had an agreement and it was signed by both people (either physically or digitally). In most states, a contract MUST be in writing to be binding.

So-called "verbal" contracts do not hold up in court, ever. He would have to verbally admit to the agreement, which he probably wouldn't do officially. So all you really have is a statement of intent, not a contract.

Here's what I would do: contact him and calmly explain that while you understand he got a higher offer, he accepted yours first, and backing out isn't right. If you have his agreement in writing (e-mail is fine), then remind him, calmly, that you have his word in writing and you'd like him to live up to his word. Then tell him you're a nice guy so you'll up the offer by $15 (meet him in the middle on his higher offer) and you should both walk away happy.

Then if he still refuses, send a complaint to Craigslist and they'll probably ban his IP. But suing in small claims court is a waste of time. You do NOT have a contract.

[bageleaterkkjji]