Watch seller renaging on sale of watch
Discussion
CoolHands said:
Let’s see if you come back in 6 months and actually update this thread with the result.
Calm yourself man. I made the original post because I couldn't find the other thread where a seller got took to court for trying to gazump a buyer. Someone gladly pointed me in the right direction and confirmed what I thought. I used that info to let the seller know if he followed through with his plan I would pursue for costs which from the available info on C24 today would mean it would cost me £800 to £1500 extra to get the same model watch. Seller still isn't selling to me so I am now going to buy elsewhere. If it does actually cost me that much extra and it is financially sensible for me to pursue then that's what'll happen. Whether I come back here and update or not, or if you believe me or not makes no difference. I got the info I wanted. But if I can provide useful info of the outcome I will certainly do soSome people need to read the thread linked which has (to me) a very similar scenario, whereby the OP agreed a deal via whatsapp (let alone an actual selling platform) to sell his car before reneging for a better deal.
Failed buyer successfully took him to court for a few ££. Not saying this will go the same way, or whether it's worth it, but that's up to the OP.
Failed buyer successfully took him to court for a few ££. Not saying this will go the same way, or whether it's worth it, but that's up to the OP.
I’ve sold a few watches on C24, and unless it’s recently changed, their Ts&Cs as a seller state you cannot sell your watch elsewhere whilst it is still listed with them. I think it’s a three month listing, which you can withdraw at any time, but if you do c24 reserve the right to contact you to confirm you still have ownership of the watch within that three month period (custard test).
Watchthis said:
OutInTheShed said:
Do you consider you were committed?
What would have happened if the site had declined your credit card or something?
It is possible that the point at which you have a contract is when you press the 'Agree' button.
Alternatively it may be when you press that button and it's backed by a means to pay, i.e. it might not be a contract until your card details are accepted?
It's possible the seller was not even notified you'd accepted because you had not entered your card details yet.
These days ebay, just as an example, want you to enter card details before making a 'Best Offer'.
This avoids the seller having to accept offers which may not be backed by the ability or willingness to actually pay.
You should read very carefully the T&Cs for both buyer and seller.
Seller was notified that I had agreed to buy less than 45secs after they sent it. I'm not sure what the site does to check you have the means to pay, I didn't pre populate the site with my card details but in any case I wouldn't be purchasing anything unless i had the means to pay.What would have happened if the site had declined your credit card or something?
It is possible that the point at which you have a contract is when you press the 'Agree' button.
Alternatively it may be when you press that button and it's backed by a means to pay, i.e. it might not be a contract until your card details are accepted?
It's possible the seller was not even notified you'd accepted because you had not entered your card details yet.
These days ebay, just as an example, want you to enter card details before making a 'Best Offer'.
This avoids the seller having to accept offers which may not be backed by the ability or willingness to actually pay.
You should read very carefully the T&Cs for both buyer and seller.
The link posted near the start of this thread should be an eye opener for any unscrupulous seller attempting to pull out of an agreed sale. And honestly, for the sake of the £80 fee and associated costs(which I'll guess at less than £500 for now) I'm happy to pursue through a court.
And to the fella who reckons it'll end up eating me up.. honestly it won't. It'll give me satisfaction that I've discouraged someone from pulling a similar stunt again
I have clicked 'buyitnow' on something, been called away from my computer, when I get back the item is no longer available, tough I have to buy it elsewhere. The item was still available for others to buy, because I hadn't paid.
Conversely, if I bid on something, then once I click on 'confirm bid', that is binding.
Your seller may not have been sure you were serious, because he didn't yet have the confirmation you'd enabled payment.
Sales sites seem to vary a bit, and some are in different legal jurisdictions
It comes down to at what point do you have a binding contract?
I get the impression ebay may have had grief with this, because when you make a 'best offer', they've now put things in place to take the cash (from a card) immediately the seller agrees. It avoids disputes over contracts which are not fulfilled, by removing the possibility.
IANAL.
If the seller made an offer and the OP accepted it, then the contract was formed (at the acceptance of the offer). This is why pricing in shops is never an offer to sell, it's always an invitation to treat. The customer has to make the offer and the merchant decides whether or not to accept. That way the shop has the right to decline the customer's offer, allowing them to wriggle out of having to honour any mis-priced goods.
Once the contract is formed, then If the seller then decides to back out, that's renunciation and the buyer is entitled to seek damages for loss of bargain.
Essentially if the deal was for £100 worth of stuff and the best deal the buyer can get elsewhere is £120 for the same stuff, then the seller is technically liable for the £20 difference.
Good stuff here:
http://disputeresolutionblog.practicallaw.com/its-...
My opinion of someone who'd choose to pursue a seller in a case like this is irrelevant.
If the seller made an offer and the OP accepted it, then the contract was formed (at the acceptance of the offer). This is why pricing in shops is never an offer to sell, it's always an invitation to treat. The customer has to make the offer and the merchant decides whether or not to accept. That way the shop has the right to decline the customer's offer, allowing them to wriggle out of having to honour any mis-priced goods.
Once the contract is formed, then If the seller then decides to back out, that's renunciation and the buyer is entitled to seek damages for loss of bargain.
Essentially if the deal was for £100 worth of stuff and the best deal the buyer can get elsewhere is £120 for the same stuff, then the seller is technically liable for the £20 difference.
Good stuff here:
http://disputeresolutionblog.practicallaw.com/its-...
My opinion of someone who'd choose to pursue a seller in a case like this is irrelevant.
So, after making a call to C24 they are not willing to give out the sellers details. Not to me and not if a legal representative requests them either apparently. The lady I spoke with also didn't seem surprised by the seller pulling out which makes me think these are common scenarios and not at all unusual.
Looks like Dodgy McSeller has been given free reign to do whatever he/she wants on C24. Doesn't install confidence when I'm potentially spending nearly 5 figures, especially when that sort of money is bloody hard come by. My gut feeling is they were either going to try and send me a "superclone" or a watch that had it's dial changed or some other unscrupulous activity ( so called frankenwatch). The plug was only pulled by the seller once I added the certification process to the sale. Why they would have it as an option if they were being dodgy I don't know, possibly it's a requirement to their listing.
Anyway, it's making me re-evaluate where I'll look from now on.
Looks like Dodgy McSeller has been given free reign to do whatever he/she wants on C24. Doesn't install confidence when I'm potentially spending nearly 5 figures, especially when that sort of money is bloody hard come by. My gut feeling is they were either going to try and send me a "superclone" or a watch that had it's dial changed or some other unscrupulous activity ( so called frankenwatch). The plug was only pulled by the seller once I added the certification process to the sale. Why they would have it as an option if they were being dodgy I don't know, possibly it's a requirement to their listing.
Anyway, it's making me re-evaluate where I'll look from now on.
Henz said:
Some people need to read the thread linked which has (to me) a very similar scenario, whereby the OP agreed a deal via whatsapp (let alone an actual selling platform) to sell his car before reneging for a better deal.
Failed buyer successfully took him to court for a few ££. Not saying this will go the same way, or whether it's worth it, but that's up to the OP.
That thread really didn’t go the way I expected. I know it was a tvr, but even more reason you can see why we buy any car has been so successful in general. Failed buyer successfully took him to court for a few ££. Not saying this will go the same way, or whether it's worth it, but that's up to the OP.
Watchthis said:
So, after making a call to C24 they are not willing to give out the sellers details. Not to me and not if a legal representative requests them either apparently. The lady I spoke with also didn't seem surprised by the seller pulling out which makes me think these are common scenarios and not at all unusual.
Looks like Dodgy McSeller has been given free reign to do whatever he/she wants on C24. Doesn't install confidence when I'm potentially spending nearly 5 figures, especially when that sort of money is bloody hard come by. My gut feeling is they were either going to try and send me a "superclone" or a watch that had it's dial changed or some other unscrupulous activity ( so called frankenwatch). The plug was only pulled by the seller once I added the certification process to the sale. Why they would have it as an option if they were being dodgy I don't know, possibly it's a requirement to their listing.
Anyway, it's making me re-evaluate where I'll look from now on.
"spending nearly 5 figures..." .... get over yourself... Looks like Dodgy McSeller has been given free reign to do whatever he/she wants on C24. Doesn't install confidence when I'm potentially spending nearly 5 figures, especially when that sort of money is bloody hard come by. My gut feeling is they were either going to try and send me a "superclone" or a watch that had it's dial changed or some other unscrupulous activity ( so called frankenwatch). The plug was only pulled by the seller once I added the certification process to the sale. Why they would have it as an option if they were being dodgy I don't know, possibly it's a requirement to their listing.
Anyway, it's making me re-evaluate where I'll look from now on.
Great thread. Well, I've just learnt what a superclone is. Google is your friend. Never heard of that before. Almost, if not actually, indistinguishable from the real thing.
Surely the existence of these now messes up the whole used watch market ?! I guess the position the OP may have found himself in.
Surely the existence of these now messes up the whole used watch market ?! I guess the position the OP may have found himself in.
Watchthis said:
EddieSteadyGo said:
"spending nearly 5 figures..." .... get over yourself...
Hahaha I'm the polar opposite of pretentious believe me. Just want something nice to be able to pass on to my next generation 
https://www.youtube.com/watch?v=NmBs2CVjhv8&t=...
Watchthis said:
EddieSteadyGo said:
"spending nearly 5 figures..." .... get over yourself...
Hahaha I'm the polar opposite of pretentious believe me. Just want something nice to be able to pass on to my next generation If I were you and you want to pass something on give them cash which is what everyone really wants or let them pick the watch.
Alternatively if you have 5 figures spare and want to pass something on. Pass on memories they will never forget. Withdraw the 5 figures in cash (if you can find a bank that will let you) and insist they spend it all on high class prostitutes, grade a drugs and some DMT experience get aways. They will remember that and you far more fondly than some already second/third/fourth hand watch they probably have to keep in a safe and might not even like.
Your best advice from this thread is probably study that tvr link that ended in £££.
Good luck!
This thread, specifically regarding the superclones, makes me glad I sold my watch recently to an online watch company. I’d have undoubtedly made a little more money selling it privately but it was such a seamless transaction it seemed daft not too. Avoided any hassle and what they initially offered, pre inspection, is what they paid.
AL5026 said:
This thread, specifically regarding the superclones, makes me glad I sold my watch recently to an online watch company. I’d have undoubtedly made a little more money selling it privately but it was such a seamless transaction it seemed daft not too. Avoided any hassle and what they initially offered, pre inspection, is what they paid.
WBAW? AL5026 said:
This thread, specifically regarding the superclones, makes me glad I sold my watch recently to an online watch company. I’d have undoubtedly made a little more money selling it privately but it was such a seamless transaction it seemed daft not too. Avoided any hassle and what they initially offered, pre inspection, is what they paid.
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