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Joined: Jul 2005
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Campfire Tracker
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OP
Campfire Tracker
Joined: Jul 2005
Posts: 5,335 |
I have a friend at work that has this issue and I do not know the answer...maybe y'all do?
If you run an ad on GB and let's say that you run as a NO RESERVE auction with a BUY IT NOW. Let us also say that you intend for the gun to sell for at least the BUY IT NOW, but it sells for less.....
1 - are you legally obligated to sell to the winner?
2 - What recourse does the 'winner' have if the Seller refuses to make the sale?
Psalm 19:14-May these words of my mouth and this meditation of my heart be pleasing in your sight, Lord, my Rock and my Redeemer.
_
Humble servant of Jesus Christ. Living His plan and praying to show it in name, word, body, and light.
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Joined: Nov 2002
Posts: 21,814 Likes: 2
Campfire Ranger
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Campfire Ranger
Joined: Nov 2002
Posts: 21,814 Likes: 2 |
GUn is sold at the end of the auction in a no reserve situation.
BMT
"The Church can and should help modern society by tirelessly insisting that the work of women in the home be recognized and respected by all in its irreplaceable value." Apostolic Exhortation On The Family, Pope John Paul II
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Joined: Aug 2010
Posts: 48,229 Likes: 26
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2010
Posts: 48,229 Likes: 26 |
I don't think you are legally obligated to sell to the winning bidder. The only recourse the winning bidder has if the seller refuses to make the sale is to report it to GB and the seller will more than likely get kicked off.
I try to stick with the basics, they do so well. Nothing fancy mind you, just plain jane will get it done with style. You want to see an animal drop right now? Shoot him in the ear hole. BSA MAGA
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Joined: Feb 2003
Posts: 3,382
Campfire Tracker
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Campfire Tracker
Joined: Feb 2003
Posts: 3,382 |
1. Yes
2. Breech of contract suit??
Cancer Sucks
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Joined: Nov 2002
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2002
Posts: 21,814 Likes: 2 |
I don't think you are legally obligated to sell to the winning bidder. The only recorse the winning bidder has if the seller refuses to make the sale is to report it to GB and the seller will more than likely get kicked off. You actually are obligated. But recourse is tough. Small claims, and might be out of state for the buyer. BMT
"The Church can and should help modern society by tirelessly insisting that the work of women in the home be recognized and respected by all in its irreplaceable value." Apostolic Exhortation On The Family, Pope John Paul II
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Joined: Jun 2004
Posts: 11,117 Likes: 3
Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2004
Posts: 11,117 Likes: 3 |
It's very unusual for a gun to sell for more than the BUY IT NOW price. If it's a few bucks under, and someone wants it, all they have to do is click the BUY IT NOW button and the auction is over.
Be not weary in well doing.
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Joined: Nov 2002
Posts: 8,625
Campfire Outfitter
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Campfire Outfitter
Joined: Nov 2002
Posts: 8,625 |
tell him in future use a reserve price or start the bid at lowest amount you are willing to sell it for
DEATH BEFORE DISHONOR
I LOVE MY COUNTRY IT'S THE GOV'T I FEAR
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Joined: Aug 2010
Posts: 48,229 Likes: 26
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2010
Posts: 48,229 Likes: 26 |
I don't think you are legally obligated to sell to the winning bidder. The only recorse the winning bidder has if the seller refuses to make the sale is to report it to GB and the seller will more than likely get kicked off. You actually are obligated. But recourse is tough. Small claims, and might be out of state for the buyer. BMT Seems like it would be a pita.
I try to stick with the basics, they do so well. Nothing fancy mind you, just plain jane will get it done with style. You want to see an animal drop right now? Shoot him in the ear hole. BSA MAGA
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Joined: Dec 2010
Posts: 21
New Member
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New Member
Joined: Dec 2010
Posts: 21 |
Hope I don't try to buy a gun from someone who doesn't intend to really sell the gun to the winner just because he was too dumb to set a reserve price.
Procrastination is like masturbation. At first it feels good, but in the end you're only screwing yourself. Monty Python
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Joined: Aug 2010
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2010
Posts: 48,229 Likes: 26 |
Hope I don't try to buy a gun from someone who doesn't intend to really sell the gun to the winner just because he was too dumb to set a reserve price. Same here brutha, I'd be pissed!!!!!!!
I try to stick with the basics, they do so well. Nothing fancy mind you, just plain jane will get it done with style. You want to see an animal drop right now? Shoot him in the ear hole. BSA MAGA
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Joined: Feb 2001
Posts: 73,096
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 73,096 |
1. Yes
2. Breech of contract suit?? Agreed, the way to protect what you want is to start it at the minimum you are willing to accept for the item. Read the rules there, your bid is a CONTRACT, buyers and sellers agree to that when they sign up to use the site. My advice, Man up and honor the deal and LEARN.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Joined: Jul 2006
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Campfire Outfitter
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Campfire Outfitter
Joined: Jul 2006
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I never cease to be amazed that people will sell their good name/honor for a few bucks.
George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Joined: Jan 2004
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Campfire Regular
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Campfire Regular
Joined: Jan 2004
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I never cease to be amazed that people will sell their good name/honor for a few bucks.
George +164 Me, If it has a reserve I won't bid. It's not an auction. Auction indicates sale to the highest bidder.
"I call that bold talk for a one-eyed fat man." --Robert Duvall.
"Fill your hand, you son-of-a-bitch!" --John Wayne.
~Molɔ̀ːn Labé Skýla~
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Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2006
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I never cease to be amazed that people will sell their good name/honor for a few bucks.
George +1
Broncos are officially the worst team in the nation this year.
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Joined: Jan 2006
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
Posts: 21,810 |
I never cease to be amazed that people will sell their good name/honor for a few bucks.
George You are assuming that they HAVE a good name and honor.
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Joined: May 2003
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Campfire 'Bwana
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Campfire 'Bwana
Joined: May 2003
Posts: 48,411 |
It's very unusual for a gun to sell for more than the BUY IT NOW price. If it's a few bucks under, and someone wants it, all they have to do is click the BUY IT NOW button and the auction is over. that's what had me scratching my head....I'd say your pal is a few fries shy of a happy meal, or reading challenged, if he thought an auction was going to yield more than the buy it now price. as far as remedy....unless it was a very expensive gun and very underpriced, it would never be worth the candle to litigate interstate over a defaulted gun purchase agreement. but I guess it could get you banned at Gunbroker.
Proudly representing oil companies, defense contractors, and firearms manufacturers since 1980. Because merchants of death need lawyers, too.
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Joined: Oct 2008
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Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2008
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I never cease to be amazed that people will sell their good name/honor for a few bucks.
George r08ert209cali did
�Nothing is so permanent as a temporary government program." -- Milton Friedman
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Joined: Mar 2006
Posts: 17,289
Campfire Ranger
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Campfire Ranger
Joined: Mar 2006
Posts: 17,289 |
1. Yes
2. Breech of contract suit?? Agreed, the way to protect what you want is to start it at the minimum you are willing to accept for the item. Read the rules there, your bid is a CONTRACT, buyers and sellers agree to that when they sign up to use the site. My advice, Man up and honor the deal and LEARN. + 1
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Joined: Jan 2005
Posts: 10,266
Campfire Outfitter
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Campfire Outfitter
Joined: Jan 2005
Posts: 10,266 |
Me, If it has a reserve I won't bid. It's not an auction. Auction indicates sale to the highest bidder. Generally speaking, there are "auctions" going on all the time where there is a reserve price, but bidding pricing starts well below the "reserve" and/or the "buy it now" price. The reason is so that if/when someone is willing to sell at a certain price, but is unsure if the item may be worth such a price to anyone else - thus the reserve price. Point being, having a reserve price doesn't mean it's not an auction, because it can/will still sell to the highest bidder as long as the seller-provided minimum sale price is met. It's only if/when it doesn't meet that price that the items ends up not having to be sold. That said, I can understand your position on not participating in auctions with reserve prices ... but having a reserve price doesn't mean it's not an auction, as you stated.
-WGM-
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Joined: Dec 2006
Posts: 52,680
Campfire Kahuna
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Campfire Kahuna
Joined: Dec 2006
Posts: 52,680 |
You bid, you win, you pay..period. If you are the seller you honor your selling price.
Liberalism is a mental disorder that leads to social disease.
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