Buy it now, when is a contract made?

gringobble

Thanks for the response, Bris. I see what you are saying here, but I do have correspondence between seller and I where the offer to buy and pay is made and accepted. Plus, he invoiced me for the vehicle.

Regards, G

gringobble

Soolin, paypal is acceptable to the seller. Thanks, G.

campdave

What has your solicitor said? It's the only definitive answer you're going to get.

hollydays

If you pay him he could may immediately refund you then block you

King_Nothing

hollydays wrote: »

If you pay him he could may immediately refund you then block you

That's what I'd do, the OP sounds like a nightmare.

gringobble

thanks for the reply hollydays, do you know anything about what happens when a refund is issued? Is it an automatic cancel of the order through e-bay? It's tricky to decide how to approach it and whether the refund of a payment might somehow undermine our existing agreement.

campdave, I haven't consulted with a solicitor, I've been getting advice from consumer direct which are a branch of the citizens advice. There are a few stages before you would need legal advice if you even were going that far. They've had me write letters asking for a resolution by a certain date. I'm happy following that process for now without getting a solicitor involved at present.

King, in that case, I'm not sure why you have bothered to post? I'll assume from the other constructive conversations happening that yours is a minority point of view.

King_Nothing

gringobble wrote: »

King, in that case, I'm not sure why you have bothered to post?

I posted because it's a discussion forum which enables multiple people to post multiple different aspects to a thread, it's not just the gringobble show.

I also posted because I think the lengths you're going to, to get someone to sell something, they no longer wish to sell, is crazy, and I personally hope you waste alot of time, effort, and money, and get nothing out of it. You take about mitigating your loss in your opening post, you never owned the item you wanted, so where is your loss, quantify your loss please? I hope the person selling doesn't lose too much sleep over your vain and nieve attempts to extort and bully him, long and short of it, regardless of you clicking buy it now, if he doesn't want to sell, he won't sell.

Tiddlywinks

Is this the same purchase? The car?

Or do you have two separate issues?

Essentially, you bought a car on a BIN. You would have based that decision on the information in the listing and any additional questions raised before the listing ended.

You hit the BIN button and then started a protracted exchange with the seller... no wonder he wishes to withdraw from the sale.

TTT_2

I would have to say leave and move on - there's no chance the seller will complete and all you'll end up doing is spending a lot of time and heartache with no real prospect of a good outcome for you .
Life is far to short to waste it chasing cars - chances are that karma will sort out the seller .
An old manager of mine used to say ' a sales not a sale until all the money has changed hands ' I've used this as a measure and I think its helps

the_lunatic_is_in_my_head

gringobble wrote: »

Secondly, losses. I had hoped to keep the details out of it, but the item is a vintage vehicle, hence why I cannot simply buy another one. I have spent quite a few hours researching the vehicle, its history, components, bodywork and so on before embarking on a restoration project. To illustrate some of the complexity, I have been in touch with a scrap yard in Jeddah to source parts for this vehicle! I am a professional researcher and charge anything between £25 to £40 per hour for freelance work, if I was doing that job for a client we would be talking upwards of £250. I have bought a workshop manual for this vehicle (£60 +p and p), I have spent money on sending letters recorded delivery. I have phoned round hauliers to get a quote for transport, I even have an agreement with a haulier which I will have to break (who knows what they will ask for this?). I have found and agreed upon a workshop/ storage space to rent. This is a verbal contract and I do think I'll be able to get out of it, but the farmer in question may be put out by this; I should offer him something for his trouble.

You do have a contract, the seller has breached it, however, assuming this was a personal purchase I don't think you can claim for time as you haven't lost any wages, it was your choice to pursue a hobby in your spare time, sure that time was wasted which is a shame, but that time doesn't have a monetary value in the same way your working day does.

You'd be expected to mitigate your losses so for the book you'd need to sell this and claim the difference between what you paid and what you have left after it was sold (if you keep the book the view would most likely be taken that the book is still of the same value to you as you originally paid).

If you offer the farmer something for his trouble that's not a loss, if you have a contract with him which includes a payment to be freed from the contract this would be a loss which you'd need to demonstrate, you can't give the farmer a drink to say sorry and then claim £20 in court.

You may be able to claim the actual cost of phone calls and letters if you have proof of them.