Private Sale Am I being unreasonable?
Discussion
Myself being the seller. after much "negotiating" by email with a buyer, which basically involves them low-balling, me declining, them asking what my best price is, I tell them X and they continue to offer Y and telling me it's not worth X. Fine I say, let me advertise it a while and we'll see.
I get a few chases asking if I've reconsidered yet, the answer is always no.
Finally they make an offer that is low but not unreasonable, I counter offer slightly lower than my original "best price" and say final offer. They come back and want a full tank of fuel...fine yes whatever, this is Monday night. it's agreed to come Saturday.
Tuesday morning I get another interested buyer call, very keen to have the car, is just getting cash together. I explain I have someone interested that wants to come Saturday. Caller says he will see if he can get Friday off, I say that's fine.
I have now told the original email buyer that someone else is viewing Fri and that I'd let them know if it's still available Sat. They are not happy and are insisting they are first in line and that while other people can view it, we have an agreement and he should get first refusal.
No deposit has been paid, which to me means the car is for sale to whoever is first to put the money in my hand. Their view is that we have agreed a specific price and "collection" day.
I don't enjoy selling cars.
I get a few chases asking if I've reconsidered yet, the answer is always no.
Finally they make an offer that is low but not unreasonable, I counter offer slightly lower than my original "best price" and say final offer. They come back and want a full tank of fuel...fine yes whatever, this is Monday night. it's agreed to come Saturday.
Tuesday morning I get another interested buyer call, very keen to have the car, is just getting cash together. I explain I have someone interested that wants to come Saturday. Caller says he will see if he can get Friday off, I say that's fine.
I have now told the original email buyer that someone else is viewing Fri and that I'd let them know if it's still available Sat. They are not happy and are insisting they are first in line and that while other people can view it, we have an agreement and he should get first refusal.
No deposit has been paid, which to me means the car is for sale to whoever is first to put the money in my hand. Their view is that we have agreed a specific price and "collection" day.
I don't enjoy selling cars.
snake_oil said:
You are not being unreasonable.
Also, if Friday guy doesn't want it and Saturday guy turns up, I'll put £50 down now that he'll try to low ball you again for some perceived not previously mentioned defect.
I wouldn't bet against you!Also, if Friday guy doesn't want it and Saturday guy turns up, I'll put £50 down now that he'll try to low ball you again for some perceived not previously mentioned defect.
charltjr said:
Unless you really, really need to sell it I’d have nothing further to do with the person who’s coming on Saturday. If this is what they’re like now can you imagine what they’re likely to be like if they do buy the thing?
This is starting to be my line of thinking, and I hadn't even considered post-sale scenario..Butter Face said:
Be careful you don’t get taken to court over it!
Integroo said:
Loss of a bargain indeed! Edible Roadkill said:
First come first served!
This is my view, I can of course understand buyer A's frustration at the situation, but no money has been exchanged.GregK2 said:
I have now told the original email buyer that someone else is viewing Fri and that I'd let them know if it's still available Sat. They are not happy and are insisting they are first in line and that while other people can view it, we have an agreement and he should get first refusal.
Buyer 1 can FRO. Who are they to dictate who you sell your car to? Has that "agreement" been backed by him paying for it in full, since the price is already agreed?As above, you WILL be getting a load of BS on the day and an even lower-balled offer.
Try and reach a deal w. Friday buyer, sounds like much less hassle all round.
GregK2 said:
Butter Face said:
Be careful you don’t get taken to court over it!
Integroo said:
Loss of a bargain indeed! If you do sell it to him then make sure you make him sign a bill of sale (like the AA one) which should stop him coming after you later when he claims there's an issue with the car.
IAAL but IANYL and I am not a litigator but ...
In short, a contract has probably been formed, and he could (at least in theory) claim against you for breach of contract. The measure of damages would be "the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract". If he could go out and buy an equivalent car for the same cash, no loss, no damages. If he had agreed a particularly good deal with you he could claim for the difference between the price agreed with you and the price he needs to pay to secure an equivalent car. He would probably find it difficult to evidence his loss, but it is not beyond the realms of possibility.
If yours is a fairly ordinary car, I would be less worried. In the other thread the car in question is a TVR Griffith, so finding an equivalent car for the same money might be more challenging, and the claimant's loss is probably somewhat easier to evidence.
In short, a contract has probably been formed, and he could (at least in theory) claim against you for breach of contract. The measure of damages would be "the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract". If he could go out and buy an equivalent car for the same cash, no loss, no damages. If he had agreed a particularly good deal with you he could claim for the difference between the price agreed with you and the price he needs to pay to secure an equivalent car. He would probably find it difficult to evidence his loss, but it is not beyond the realms of possibility.
If yours is a fairly ordinary car, I would be less worried. In the other thread the car in question is a TVR Griffith, so finding an equivalent car for the same money might be more challenging, and the claimant's loss is probably somewhat easier to evidence.
Suggest that you could:
- Agree figures with as many different parties as you wish.
- Tell them all clearly that the first one to view and pay is the one who buys the car
- Don't get involved in taking deposits prior to viewing
- If they don't want to travel in case the car is sold while they are en route then it's their loss.
- Agree figures with as many different parties as you wish.
- Tell them all clearly that the first one to view and pay is the one who buys the car
- Don't get involved in taking deposits prior to viewing
- If they don't want to travel in case the car is sold while they are en route then it's their loss.
snake_oil said:
You are not being unreasonable.
Also, if Friday guy doesn't want it and Saturday guy turns up, I'll put £50 down now that he'll try to low ball you again for some perceived not previously mentioned defect.
+1 to the above, one thing I will say is that you shouldn't lower your price until the person is stood in front of you.Also, if Friday guy doesn't want it and Saturday guy turns up, I'll put £50 down now that he'll try to low ball you again for some perceived not previously mentioned defect.
I always state that I'm happy to negotiate a price once the interested party has inspected the car because when my clients have lowered the price before viewing 9/10 they sell it for less than the agreed price because the buyer haggled them down more when there in person (it's something I do often when sourcing for clients & why I don't lower the price for them until the car is being viewed) which also sorts out the wheat from the chaff.
To be honest OP you should have made it clear that your agreement exists only in the event of it not being sold first upfront, if you didn't and made a deal then you need to honour your word. When selling a car privately I always make this clear to potential buyers that until they turn up with the cash in their hand then its fair game for anybody.
You made a deal and are now reneging on it, in law it sounds like you have formed a contract and broken it and to be honest its a bit of a tossers trick and you deserve the comeback for poor behaviour.
You made a deal and are now reneging on it, in law it sounds like you have formed a contract and broken it and to be honest its a bit of a tossers trick and you deserve the comeback for poor behaviour.
Until money has changed hands you don't owe anyone anything.
What is all this boo locks about contracts? lol
Selling anything these days brings out an army of dreamers who want this and that, talk a load of carp, but at any time can disappear, never to be heard from again. That's a lot of "contracts" for the legal industry to deal with!
The first buyer sounds like a massive onanist. I would avoid if possible.
What is all this boo locks about contracts? lol
Selling anything these days brings out an army of dreamers who want this and that, talk a load of carp, but at any time can disappear, never to be heard from again. That's a lot of "contracts" for the legal industry to deal with!
The first buyer sounds like a massive onanist. I would avoid if possible.
NewUsername said:
To be honest OP you should have made it clear that your agreement exists only in the event of it not being sold first upfront, if you didn't and made a deal then you need to honour your word. When selling a car privately I always make this clear to potential buyers that until they turn up with the cash in their hand then its fair game for anybody.
You made a deal and are now reneging on it, in law it sounds like you have formed a contract and broken it and to be honest its a bit of a tossers trick and you deserve the comeback for poor behaviour.
What if buyer 1 doesnt stick to his word?You made a deal and are now reneging on it, in law it sounds like you have formed a contract and broken it and to be honest its a bit of a tossers trick and you deserve the comeback for poor behaviour.
Catatafish said:
Until money has changed hands you don't owe anyone anything.
What is all this boo locks about contracts? lol
Selling anything these days brings out an army of dreamers who want this and that, talk a load of carp, but at any time can disappear, never to be heard from again. That's a lot of "contracts" for the legal industry to deal with!
The first buyer sounds like a massive onanist. I would avoid if possible.
Wrong. What is all this boo locks about contracts? lol
Selling anything these days brings out an army of dreamers who want this and that, talk a load of carp, but at any time can disappear, never to be heard from again. That's a lot of "contracts" for the legal industry to deal with!
The first buyer sounds like a massive onanist. I would avoid if possible.
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