[DeltaBravoKS]

It's like a police box, only without the TARDIS option.

/Too obscure?

Who?

Hey at least this is the tardisarmed forum!

 

[Quality_driven]

This is from one of the GB seller, almost scares you into not bidding.

 

[rcopu1]

I think there's one or two left somewhere.

View attachment 500635

Now find me a working one......

 

[pegasus]

Now find me a working one......

In the nearest city to me there was a working pay phone in the parking lot of a gas station. It is not however inside a phone booth, nor is there a phone book. IDK how it continues to function being outside like that. The last time I checked, if your call is local it was a quarter, if long distance, it's a flat rate of 50 cents for 3 minutes in the continental US.

 

[NotSo]

This is from one of the GB seller, almost scares you into not bidding.
View attachment 500647

What Lucky Ned Pepper told Rooster Cogburn: "I call that bold talk for a one-eyed fat man,"

 

[plinker49]

This is from one of the GB seller, almost scares you into not bidding.
View attachment 500647

Hmm, so what is being "restocked"?

 

[Tracker627]

OK I'll play too.

1. I list an item for sale with either a minimum or no minimum and take my chances.
2. Potential buyers voluntarily place their bid with the intent to purchase within whatever terms I have stipulated.
3. Buyer A is the winning bidder but then backs out.
4. My harm is that I have lost the initial sale that was agreed to but I have also lost other potential buyers and now have the burden to find a new buyer.

I suppose people back out of deals all the time however why bother bidding knowing you are not going to complete the purchase?

 

[Zylo_X]

OK I'll play too.

1. I list an item for sale with either a minimum or no minimum and take my chances.
2. Potential buyers voluntarily place their bid with the intent to purchase within whatever terms I have stipulated.
3. Buyer A is the winning bidder but then backs out.
4. My harm is that I have lost the initial sale that was agreed to but I have also lost other potential buyers and now have the burden to find a new buyer.

I suppose people back out of deals all the time however why bother bidding knowing you are not going to complete the purchase?

Also "harmed" if you then accept the second place bidder and lose the $$ difference.

 

[GhostHorse]

If they said "It is our policy that" this would make a lot more sense. Legally binding, umm, no.

 

[plinker49]

OK I'll play too.

1. I list an item for sale with either a minimum or no minimum and take my chances.
2. Potential buyers voluntarily place their bid with the intent to purchase within whatever terms I have stipulated.
3. Buyer A is the winning bidder but then backs out.
4. My harm is that I have lost the initial sale that was agreed to but I have also lost other potential buyers and now have the burden to find a new buyer.

I suppose people back out of deals all the time however why bother bidding knowing you are not going to complete the purchase?

I don't disagree but that begs the question: is it GB's policy that the "restocking" fee is paid to the seller or is that fee retained by GB? If it's paid to the seller then I guess it's fair. If GB retains any portion of it that would be questionable.

 

[rcopu1]

This is from one of the GB seller, almost scares you into not bidding.
View attachment 500647

How they Intend on collecting all that? If I back out and go my merry way how can they collect?

 

[pegasus]

I have a friend that years ago listed a van on Ebay, and he had a high reserve. I thought at the time that there was no way he would get a bid on it, but he did. It turned out though that it was someone who created an Ebay account just to win the van and had no intention of actually paying for it.

 

[JWS From Illinois]

When I went to check my watch list on GunBroker this morning, I was confronted with a requirement to accept the new user agreement. In part, the new agreement states:

"[P]lacing a bid on an auction item constitutes Buyer creating a legally biding legal contract with the Seller for the purchase of item on the terms stated in the listing as supplemented by this Site."

In law school, we teach a binding contract occurs when the buyer offers and the seller accepts the offer. GunBroker apparently thinks a bid creates a binding legal contract. A bid is nothing more than an offer to sell, which may either be accepted or rejected by the seller. A binding contract is only created when a seller accepts the bid. GunBroker is somehow ignoring centuries of law and has now determined a binding contract is created when a bid is made.

It would be interesting to know the Seller's responsibility for that new contract.

Here is the language in the "Before You Sell" section of Gunbroker.

Please remember by listing an item you are legally committing to accept the high bid for the item. If you receive a bid above the minimum price you set, and a reserve price is not specified, you are legally obligated to complete the transaction. The only exception is if completing the sale violates federal, state or local law. This helps us provide a high-quality environment for both buyers and sellers.

The seller has precommitted to accept the offer.

 

[stormy weather]

I'm not a lawyer, but I've always been taught that a contract requires all three of the following elements to be legal: an offer, acceptance, and consideration.

Seems to me that the bid, which lays out the amount of consideration being offered, would have to be accepted by the seller before it could become a binding agreement. Interesting 🤔

I hate to give away free legal advice but it's only offer and acceptance.

 

[GhostHorse]

Let's face facts. While the vast majority of buyers and sellers have no problem coming to an agreement and following through in reasonable fashion, there are people out there who are difficult to deal with, and can complicate being asked to pass the salt to such a degree that you'll want to fast for 40 days and 40 nights and then only eat unsalted crackers for the next year. We all know people like that, and if you've sold anything (firearms, teapot cozies, unusually good-looking acorns) for any length of time you've encountered such individuals. I have sold my fair share of leather holsters, and an example of what I'm talking about comes to mind immediately. And that was face to face, no federal forms, no shipping, none of the complications inherent in purchasing and arranging delivery of a federally regulated product. Gunbroker is just beating the drum to try and set everyone up for the smoothest possible transaction. And eliminating as many as possible of the whiny "you didn't warn me!" claims. Is their verbiage air tight? Heck no. But in a nation where the sunscreen bottles say "not for internal use...."

 

[DeltaBravoKS]

Here is the language in the "Before You Sell" section of Gunbroker.

Please remember by listing an item you are legally committing to accept the high bid for the item. If you receive a bid above the minimum price you set, and a reserve price is not specified, you are legally obligated to complete the transaction. The only exception is if completing the sale violates federal, state or local law. This helps us provide a high-quality environment for both buyers and sellers.

The seller has precommitted to accept the offer.

Yes, the seller must take the high bid per GunBroker agreement, but the wording in the buyer's section to which I referred indicated that your bid created a binding legal contract--there was no mention of your bid being the highest bid.

 

[Stroker]

So you get bad feedback and could eventually get banned if you do it multiple times.
I don't reckon too many sellers will waste time trying to pursue any restitution. While inconvenient they relist it and try again.

If an item is actually shipped and returned I see a restocking fee as appropriate.

 

[DeltaBravoKS]

So you get bad feedback and could eventually get banned if you do it multiple times.
I don't reckon too many sellers will waste time trying to pursue any restitution. While inconvenient they relist it and try again.

If an item is actually shipped and returned I see a restocking fee as appropriate.

The problem with bad feedback, is that I had a transaction recently where I gave bad feedback and it was deleted by GunBroker. They seem to take great steps to protect bad sellers.

 

[daveindenver]

Does the bid by the would-be Buyer constituent 'acceptance' of the offer to sell from the Seller; BUT that offer and that bid is contingent (and disclosed) that the Seller does not receive a higher bid received by the Seller?

 

[Rabidwookie2003]

No......but you and the few others that aren't could all fit in a phone booth.

Good luck finding a phone booth these days.