Distance selling regulations (private deal done via email)?
Discussion
Do the distance selling regulations apply to contracts between private individuals if concluded via email?
I ask because I agreed a sale with Vendor1 via email, but have subsequently bought another product (from Vendor2) and no longer wish to conclude the purchase of the original item. The vendor (Vendor1) has quoted "we have a legally binding contract - offer & acceptance, you have my account details".
The price agreed was £130, so not material.
Thoughts appreciated.
I ask because I agreed a sale with Vendor1 via email, but have subsequently bought another product (from Vendor2) and no longer wish to conclude the purchase of the original item. The vendor (Vendor1) has quoted "we have a legally binding contract - offer & acceptance, you have my account details".
The price agreed was £130, so not material.
Thoughts appreciated.
IANAL
Previous threads have indicated that distance selling regs do not apply to private deals as you outlined. The contract may have been made but the other party would have to take you to court to enforce it and then only to recover any reasonable losses such as a slightly lower selling price or re-advertising fees.
What did you go to vendor 2?
Previous threads have indicated that distance selling regs do not apply to private deals as you outlined. The contract may have been made but the other party would have to take you to court to enforce it and then only to recover any reasonable losses such as a slightly lower selling price or re-advertising fees.
What did you go to vendor 2?
thanks for the reply.
The item purchased was a seat, with a known defect from vendor 1. Vendor 2 was selling the same seat albeit with no defects for a marginally higher price. The defects were fully disclosed and agreed to, however, the small difference in price for a "no defect" version was a no brainer.
IANAL?
The item purchased was a seat, with a known defect from vendor 1. Vendor 2 was selling the same seat albeit with no defects for a marginally higher price. The defects were fully disclosed and agreed to, however, the small difference in price for a "no defect" version was a no brainer.
IANAL?
fergus said:
totally private sale, in response to a classified ad on a forum.
AFAIK DSRs do not apply then.There are various threads on here about people pulling out of sales like this - ISTR that the vendor needs to prove that the contract really was formed and that he has suffered a loss as a result of the cancellation.
marshalla said:
AFAIK DSRs do not apply then.
There are various threads on here about people pulling out of sales like this - ISTR that the vendor needs to prove that the contract really was formed and that he has suffered a loss as a result of the cancellation.
Thanks. Given no deposit was taken, etc. this must happen all the time with people "agreeing" to buy cars (or higher value items), then pulling out of the sale. All of these people can't be being chased by the vendors surely!?There are various threads on here about people pulling out of sales like this - ISTR that the vendor needs to prove that the contract really was formed and that he has suffered a loss as a result of the cancellation.
you may well have created a legally binding contract, but if you did, what is the person's loss as a result of you breaching it?
If he had shipped it and you changed your mind and sent it back and refused to reimburse him for his postage and packaging cost i expect he could well sue you for that.
But i am assuming since you've not even paid he won't have shipped it, so before you agreed the sale he had something worth about £130, now he still has it.
Someone who know things will probably be along at some point to confirm if you did have a contract, and tell you what a judge at small claims court would likely make of the keyboard warrior's emails as a contract if he ever got out his armchair to really take you to court
If he had shipped it and you changed your mind and sent it back and refused to reimburse him for his postage and packaging cost i expect he could well sue you for that.
But i am assuming since you've not even paid he won't have shipped it, so before you agreed the sale he had something worth about £130, now he still has it.
Someone who know things will probably be along at some point to confirm if you did have a contract, and tell you what a judge at small claims court would likely make of the keyboard warrior's emails as a contract if he ever got out his armchair to really take you to court
Having been on the receiving end of this kind of behaviour I hope he sues you for whatever his losses are.
I sold an extremely rare, new-old-stock stainless exhaust that involved a lot of work to retrieve from its storage, and to pack safely for carriage.
Then the buyer wanted to buy the material from a set of old, rare car seats but wouldn't take the whole seats because of the high cost of shipping so I was daft enough to spend hours dismantling the seats, removing hundreds of hog-rings, stripping the material and then taking the metal frames and foams to the skip.
Almost a year later I still had the big box of stuff on my garage floor and no cash to show for it despite various promises. I didn't even bother to responding to his last message.
Lesson learned - selling stuff through owners-club forums doesn't mean "buyers" will ever actually offer up any cash! Next time, I do nothing till I have the cash in my hand.
I sold an extremely rare, new-old-stock stainless exhaust that involved a lot of work to retrieve from its storage, and to pack safely for carriage.
Then the buyer wanted to buy the material from a set of old, rare car seats but wouldn't take the whole seats because of the high cost of shipping so I was daft enough to spend hours dismantling the seats, removing hundreds of hog-rings, stripping the material and then taking the metal frames and foams to the skip.
Almost a year later I still had the big box of stuff on my garage floor and no cash to show for it despite various promises. I didn't even bother to responding to his last message.
Lesson learned - selling stuff through owners-club forums doesn't mean "buyers" will ever actually offer up any cash! Next time, I do nothing till I have the cash in my hand.
Legally - I believe there's not much he can do short of try and sue you for a few quid.
In terms of whether you should be publicly flogged for it I'd say it comes down to timings and effort.
Has he lost a sale to someone else.
Did you string him along for weeks about the sale, or did you agree then change your mind with 2 hours.
Have you been friendly and polite, or have you been a dick about it.
Have either of you used text speak?
I've been on the other end and had people cancel sales.
Most of the time it's really not caused me a problem - a few times it's wasted my time and I've been pissed off.
In terms of whether you should be publicly flogged for it I'd say it comes down to timings and effort.
Has he lost a sale to someone else.
Did you string him along for weeks about the sale, or did you agree then change your mind with 2 hours.
Have you been friendly and polite, or have you been a dick about it.
Have either of you used text speak?
I've been on the other end and had people cancel sales.
Most of the time it's really not caused me a problem - a few times it's wasted my time and I've been pissed off.
Call me old fashioned, but I go along with that Shakespeare bloke, who wrote in 'Coriolanus' "I'll fight with none but thee, for I do hate thee worse than a promise breaker".
Pacta sunt servanda is the old maxim. Contracts should be honoured. Million quid Ferrari, £130 damaged chair. The money changes, the principle doesn't. What happens in practice, however, depends on the money.
Pacta sunt servanda is the old maxim. Contracts should be honoured. Million quid Ferrari, £130 damaged chair. The money changes, the principle doesn't. What happens in practice, however, depends on the money.
On the other hand.
My #1 rules is; don't be a dick.
If someone backs out of a sale, but is polite, apologetic and I haven't even got the thing from the garage yet then I've lost nothing.
And if I can be friendly to the ex-buyer and we both walk away feeling good about the situation then it's all good.
On the other hand, if someone has messed me about, collected half the goods, abandoned the heavy half and generally been a dick themselves - then I'll go after them to.
My #1 rules is; don't be a dick.
If someone backs out of a sale, but is polite, apologetic and I haven't even got the thing from the garage yet then I've lost nothing.
And if I can be friendly to the ex-buyer and we both walk away feeling good about the situation then it's all good.
On the other hand, if someone has messed me about, collected half the goods, abandoned the heavy half and generally been a dick themselves - then I'll go after them to.
Snowboy said:
On the other hand.
My #1 rules is; don't be a dick.
If someone backs out of a sale, but is polite, apologetic and I haven't even got the thing from the garage yet then I've lost nothing.
And if I can be friendly to the ex-buyer and we both walk away feeling good about the situation then it's all good.
On the third hand:My #1 rules is; don't be a dick.
If someone backs out of a sale, but is polite, apologetic and I haven't even got the thing from the garage yet then I've lost nothing.
And if I can be friendly to the ex-buyer and we both walk away feeling good about the situation then it's all good.
What about if the buyer is polite and apologetic to the seller in informing him that he no longer wants to do what he promised to do...
...but the seller is polite back in reminding them they had a promise, and does not want (for whatever reason, however minor) to just cancel the promise made.
If the buyer then after finding out on Pistonheads that he does not have a statutory get out clause doesn't go back to the seller to make good the situation, who is the dick then?
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