Watch seller renaging on sale of watch

[agtlaw]

Watchthis said:

MCOL cost between £80 and £115 I think it is. Time is valuable but I'm happy to spend the hours required. I'll not lose any sleep over it and will take great delight in causing an unscrupulous watch seller a bit of grief.

That’s just the issue fee. There will be additional fees to pay.

[Jordie Barretts sock]

I know.

I was asking why you felt the need to be outraged on some else's behalf.

Perfectly calm here. Actually laughing.

[mcpoot]

Jordie Barretts sock said:

I know.

I was asking why you felt the need to be outraged on some else's behalf.

Perfectly calm here. Actually laughing.

Not outraged at all.

Simply laughing at your inability to see yourself as others see you.

[Jordie Barretts sock]

Zeeky, what is an order for specific performance please?

[Watchthis]

Jordie Barretts sock said:

Why don't you stop being an arrogant stuck up fool and stop getting angry on other people's behalf?

You are not in any position to preach. You are just as bad.

Don't get yourselves worked up lads, it's only the internet. Anyway, seller has now been given plenty chances to rethink his plan of selling elsewhere and has not come to his senses of selling to me renEging on his offer of sale. I've emailed the selling platform to ask for the sellers full details and will lodge a small claim if/when it costs me more to buy the watch I want.

My gut feeling is there was a scam involving a "superclone" happening, and they pulled the plug when I opted to have the watch certified. If not, and the seller is being a t!t for the sake of a few hundred quid more after agreeing a sale then hell mend him for everything he gets coming to him

[Jordie Barretts sock]

mcpoot said:

Jordie Barretts sock said:

I know.

I was asking why you felt the need to be outraged on some else's behalf.

Perfectly calm here. Actually laughing.

Not outraged at all.

Simply laughing at your inability to see yourself as others see you.

I really, really don't care.

[Fast and Spurious]

Watchthis said:

Don't get yourselves worked up lads, it's only the internet. Anyway, seller has now been given plenty chances to rethink his plan of selling elsewhere and has not come to his senses of selling to me renEging on his offer of sale. I've emailed the selling platform to ask for the sellers full details and will lodge a small claim if/when it costs me more to buy the watch I want.

My gut feeling is there was a scam involving a "superclone" happening, and they pulled the plug when I opted to have the watch certified. If not, and the seller is being a t!t for the sake of a few hundred quid more after agreeing a sale then hell mend him for everything he gets coming to him

[Jordie Barretts sock]

Watchthis said:

Don't get yourselves worked up lads, it's only the internet. Anyway, seller has now been given plenty chances to rethink his plan of selling elsewhere and has not come to his senses of selling to me renEging on his offer of sale. I've emailed the selling platform to ask for the sellers full details and will lodge a small claim if/when it costs me more to buy the watch I want.

My gut feeling is there was a scam involving a "superclone" happening, and they pulled the plug when I opted to have the watch certified. If not, and the seller is being a t!t for the sake of a few hundred quid more after agreeing a sale then hell mend him for everything he gets coming to him

So, do you think the watch was a fake? No doubt a very good fake or somehow 'not what it appeared to be?'. I don't know enough about watches but umm the equivalent to an undeclared car write-off?

Then they hope the prospective buyer doesn't avail of the authentication check? Using the website they have, to add further credence rather than say, eBay?

[dundarach]

You've wasting your life OP, please move on, it's not worth it and despite claiming otherwise, it'll eat you up!

(and if you tried this on me, my reply would be, 'really sorry, I was in the process of selling the item and unfortunately realised I'd made a mistake listing the item, I choose to sell the mistakenly identified watch to another buyer who was happy to buy it, despite it not being as advertised. In order to do the decent thing, I chose not to proceed with the original sale' or some other bks I've had a few people do this to me on eBay, they do nothing).

You'll loose, but do keep this thread updated!!

[popegregory]

I remember getting really annoyed over an eBay watch; only (by this places standards) a Christopher Ward but I’d found a nice chronograph I really wanted and sat there like a mug ready to pounce at the end of the auction. Got it at a really good price at which the seller clearly thought “balls to this” and messaged me saying they’d decided to keep it. Utterly infuriating at the time but you stay strong and learn to move on.

[Zeeky]

Jordie Barretts sock said:

Zeeky, what is an order for specific performance please?

https://uk.practicallaw.thomsonreuters.com/7-107-7288?transitionType=Default&contextData=(sc.Default)

I doubt it would be made unless the watch was unique in some way and so couldn't be replaced.

[OutInTheShed]

Watchthis said:

Made a watch purchase via a well known watch sale platform and seller has messaged saying "don't complete payment as I've agreed a deal with someone else for more money".

Sale price was agreed and I have pressed the "agree to buy" option and literally in the middle of putting my card details in to pay.

Am I right in saying the seller has to complete the sale or will be liable for any costs I incur to put me in the same position I would have been in if they did sell the watch? Sure I read a similar story on here before and the seller got taken to court and ended up being ££s out of pocket

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.

[pork911]

Where is the consideration and intent?

[Watchthis]

agtlaw said:

That’s just the issue fee. There will be additional fees to pay.

Hi, thanks for the info. Any idea on what the additional fees may come to?

[CoolHands]

I think this thread is fake, it never happened

[Watchthis]

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.

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

[K4sper]

pork911 said:

Where is the consideration and intent?

Mutual promises are consideration. I agree to sell and you agree to buy.

Intention is also pretty obviously established if the seller has listed the watch for sale with a mechanism for buying it...

[Watchthis]

CoolHands said:

I think this thread is fake, it never happened

Dae ye aye

[CoolHands]

Watchthis said:

CoolHands said:

I think this thread is fake, it never happened

Dae ye aye

Let’s see if you come back in 6 months and actually update this thread with the result.

[Graveworm]

pork911 said:

Where is the consideration and intent?

That's the easy part if the contract was otherwise complete. It's a commercial transaction which is presumed to have the necessary intention, with attendant T&Cs.
The consideration is the money that was to be paid in exchange for the watch which is a basic as it gets.

It depends on the T&Cs attached to the sale as to when the contract is complete although T&Cs can't always override the overarching contract law. There have been cases for example where this has been successful on Ebay etc.