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Old 11-04-2013, 12:20 AM   #26 (permalink)
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Originally Posted by romo2austin2dez View Post
But if you see the seller bump the thread Today right on time for game time and 17 min. later the dude said he will take the card. That means the seller changed his mind in 17 min hahaaha
Prices changed in between that though. It's a sticky situation but nothing to complain about I don't think.
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Old 11-04-2013, 12:24 AM   #27 (permalink)
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Prices changed in between that though. It's a sticky situation but nothing to complain about I don't think.
yah probably not but the seller should have not bump his thread rite before the game he messed up. Also maybe he did sell it on ebay and well thats where it gets tricky because if he sold on ebay before here then there's nothing he could do about it he sold the card already.
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Old 11-04-2013, 12:38 AM   #28 (permalink)
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Originally Posted by Ray27Ray52 View Post
I get your point.

But what if the seller had it on Ebay BIN OBO and he accepted an offer for higher than his offering price on BO. That may have been what happened.
I agree with this also. Will find out tomorrow I guess.
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Old 11-04-2013, 12:39 AM   #29 (permalink)
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I get your point.

But what if the seller had it on Ebay BIN OBO and he accepted an offer for higher than his offering price on BO. That may have been what happened.
We can always have outliers and the scenario you mentioned isn't a scenario that would likely happen.

And if that is the case here, hopefully the seller can be transparent and talk with the person on BO and explain the situation.

I think with 90 percent of the 'problems' on this site, good communication could solve most of the issues.

Again, until we get a what is right, what is wrong from the mods here in regards to what is and isn't a deal, it's open to interpretation.
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Old 11-04-2013, 01:45 AM   #30 (permalink)
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What I said earlier is not an opinion, it's how a contract works. Basically, you need an offer and an acceptance. Prices are not treated as offers; they are invitations to contract. I'm feeling lazy, so I'll let Wiki explain "invitations to treat":

Quote:
Contract lawyers distinguish [invitations to treat] from a binding offer, which can be accepted to form a contract (subject to other conditions being met). The distinction between an offer and invitation to treat is best understood through the categories that the courts create. Invitations to treat include the display of goods; the advertisement of a price or an auction; and an invitation for tenders (or competitive bids). There may however be statutory or complementary obligations, so consumer protection laws prohibit misleading advertising and at auctions without reserve there is always a duty to sell to the highest bona fide bidder.
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An invitation to treat is not an offer, but an indication of a person's willingness to negotiate a contract. It's a pre-offer communication. In Harvey v. Facey,[4] an indication by the owner of property that he or she might be interested in selling at a certain price, for example, has been regarded as an invitation to treat.
So for Blowout purposes, a deal works like this...

1. Seller posts a price (invitation to treat/contract, whatever you want to call it)
2. Buyer says, "I'll take it." (this is the OFFER, the buyer states he's willing to purchase a card at a price.)
3. Seller responds with something that expresses his acceptance of that offer like, "It's yours." (this is the ACCEPTANCE)

The buyer and seller are locked in at #3.

Since you brought it up, eBay has its own rules. Buying something on that site is different than contracting with someone on an internet message board.
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Old 11-04-2013, 07:34 AM   #31 (permalink)
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Maybe I think differently. If a card is listed for said price and someone posts I will take it. Pretty much seems like the deal should be completed. Its not a card that had been listed days, weeks or months that someone forgot to bump. The cards was bumped then 17 mins later someone said they would take it. If this card was not sold on eBay today. Its bs. It's stuff like this on Blowout that pisses people off. If it happened to one of your boys from a new member you guys would be all over him.
It comes down to the person.
Obviously both the buyer and seller show character issues over what will probably be $1 (Was supposedly listed at $31 and sold for $35 on Ebay?)

If I have a card out for sale at a price and someone wants wants it at that price, big game or not, I will sell at that price.

Now it doesn't mean I will sell it to anybody at that price because there are just people who's money I don't want.

It's really amazing what people will do for the cost of a happy meal.
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Old 11-04-2013, 09:55 AM   #32 (permalink)
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Originally Posted by Ray27Ray52 View Post

But what if the seller had it on Ebay BIN OBO and he accepted an offer for higher than his offering price on BO. That may have been what happened.

That happened to me last night w/ a Keenam auto. Had posted it here in the BST and then posted it on eBay for a little higher. I would have taken either offer, and it just so happened that the BIN was hit within 5 minutes of listing it on eBay. No one had replied to my thread when it sold, so I went in and edited it saying it had been sold and took all price and photo down, so no one could try and claim it and then I'd be in a mess.
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Old 11-04-2013, 10:15 AM   #33 (permalink)
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I personally don't see that much of a problem if the seller can shows it was actually cross-listed, as I do that as well (but when I do, list it at an OBO price), the only thing I would do is show that it was offered on/sold on eBay.

I had Nick Foles Auto thread from a couple days ago for $18, which it wouldn't have sold for honestly, but after his Sunday game it sold on eBay last night for ~$31. If someone randomly bumped the thread to buy it, though the time table is different, I already sold it, just didn't manually take it down, I would show him that. So...like someone else said, communication is key. Seems from the thread OP shut down, deleted everything and hoped it'd go away.

I have some people on my ignore list or prefer to deal with other people, I don't think putting it in a thread on the board automatically means the first one to come along gets it unless you state that, just as a few people do in their quicksale sales.

Eh, complicated.
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Old 11-04-2013, 10:21 AM   #34 (permalink)
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i don't even know who the seller is (haven't looked) so I can just make a decision without being clouded by who is who.

anyway, if somebody lists at a price and somebody says I'll take it, that deal should be honored.

Had the buyer that said "I'll take it" not paid, we'd be jumping down their throat right now.

I also agree with Jon that there are some people I don't want to deal with. Thankfully, they are mostly on my ignore list already.
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Old 11-04-2013, 11:08 AM   #35 (permalink)
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Well...I had my SPA Auto listed...$25 and not one single person bit...so I added two more cards and people want to offer me $30 for the 3 during the game.

Case Keenum 3 card auto rookie lot SPA/Elite/Draft
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Old 11-04-2013, 11:19 AM   #36 (permalink)
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i don't even know who the seller is (haven't looked) so I can just make a decision without being clouded by who is who.

anyway, if somebody lists at a price and somebody says I'll take it, that deal should be honored.
heading over to buy from the old foles threads from a couple weeks ago that are unedited right now . Thanks
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Old 11-04-2013, 11:42 AM   #37 (permalink)
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heading over to buy from the old foles threads from a couple weeks ago that are unedited right now . Thanks
Think you replied to the wrong person so don't trust your ability to find my thread.

Edited the thread once I saw this thread, haha. New turkey emoticon! :turkey:
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Old 11-04-2013, 01:26 PM   #38 (permalink)
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Originally Posted by xbignick View Post
Think you replied to the wrong person so don't trust your ability to find my thread.

Edited the thread once I saw this thread, haha. New turkey emoticon! :turkey:
DOH!@ I call foul!
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Old 11-04-2013, 01:45 PM   #39 (permalink)
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Clearly a gray area because if Keenum had broken his leg in half in the 3rd quarter, and the buyer had said "I'll take it", we'd be killing that guy right now if he didn't pay.

Speaking in generalities - I didn't go look at the actual thread that caused this.

I completely understand the seller has the right to pull their item, sell it elsewhere, or just change their mind.

I completely understand a buyer being irritated if a seller, who lists (and or bumps in this case based on what people have said), a thread that included a price - right before a game - and then pulls it down when someone plays well that the buyer that jumped at the right time being frustrated.

Old threads we all understand aren't relevant if a seller changes the price or whatever - but it's a common understanding I'd think that if someone bumps a thread, right before a game, that the price should be what it is. For good or bad for the seller. If you see a guy lighting it up then pull the thread.

I understand a "contract" hasn't actually been reached. No paypal address was exchanged. I also understand that if you post a price, and a buyer says I'll take it (at the posted price), that for all intents and purposes should be good enough for Blowout deals.

I get both sides. At the end of the day the seller didn't do anything wrong - but I get the frustration - I wouldn't start a "call out thread" but to each their own I suppose.
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Old 11-04-2013, 04:29 PM   #40 (permalink)
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heading over to buy from the old foles threads from a couple weeks ago that are unedited right now . Thanks
eh, there's common sense that dictates that gravedigging an old thread isn't exactly legit.

i see what you were going for though.
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Old 11-04-2013, 06:45 PM   #41 (permalink)
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After 17 minutes the response could have easily been "sorry sold it to someone who responded faster than you" and it would be a dead point ....
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Old 11-04-2013, 07:28 PM   #42 (permalink)
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What I said earlier is not an opinion, it's how a contract works. Basically, you need an offer and an acceptance. Prices are not treated as offers; they are invitations to contract. I'm feeling lazy, so I'll let Wiki explain "invitations to treat":





So for Blowout purposes, a deal works like this...

1. Seller posts a price (invitation to treat/contract, whatever you want to call it)
2. Buyer says, "I'll take it." (this is the OFFER, the buyer states he's willing to purchase a card at a price.)
3. Seller responds with something that expresses his acceptance of that offer like, "It's yours." (this is the ACCEPTANCE)

The buyer and seller are locked in at #3.

Since you brought it up, eBay has its own rules. Buying something on that site is different than contracting with someone on an internet message board.
I'm with you on this.
A card with a price and a response of "I'll take it" is not acceptance by the seller.
There are still details to be discussed.

"This is how and when I will be shipping . . is that acceptable?"
"How and when will you be paying for the item?"

"Wait whats that? You want me send this 5 dollar card in a lead lined box that can withstand pressure down to 2000m and you want it overnight so you can sell it at a show. However, you want me to eat the cost of the fedex, cant pay me until next week and plan on sending me my $5 in the form of bank wrapped penny rolls?? What?????"

Obviously an exaggeration for effect but you get the point.

First person is the general etiquette. But there are exceptions, and the seller has the the right to choose who they do or dont do business with. Its naive to think this is the only place on the planet a card has been listed. Being the first to reply in a thread doesnt even mean you were the first person here (somone could have pm'd) let alone the other possible inquiries.
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Old 11-05-2013, 01:05 AM   #43 (permalink)
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Maybe I think differently. If a card is listed for said price and someone posts I will take it. Pretty much seems like the deal should be completed. Its not a card that had been listed days, weeks or months that someone forgot to bump. The cards was bumped then 17 mins later someone said they would take it. If this card was not sold on eBay today. Its bs. It's stuff like this on Blowout that pisses people off. If it happened to one of your boys from a new member you guys would be all over him.
I actually agree with this. While contract law is pretty clear on a typical offer/acceptance scenario, that is merely a default rule. Contract law is actually pretty heavy on custom - if things are typically understood to operate a certain way within a certain market, that replaces the default rule.

As far as I'm concerned, if you post a card at a stated price, then the first person to contact you has a right to purchase the card at that price UNLESS there is a reason for that offer to have lapsed.

So, the question is, did the offer lapse? For the most part, my understanding is, the general rule is 24 hours from the time of the post. That being said, opportunism is the enemy of the people, so any event which would greatly alter the price of a card is reason for it to lapse. For example, early in the MLB season Yu Darvish was about five outs from a perfect game. Somebody had posted an RC auto early that afternoon at a good price, and a giant shitstorm erupted when somebody tried to claim it during the 7th inning. I can assume a good performance from Keenum would be roughly the same. As such, whether or not OP has a valid point is based on the timing of the reply. If the reply came before the game started, the seller needs to honor the price. If it game after Keenum started to have an amazing game, then you have an intervening event and the price lapses. If it came between the start of the game and the point where Keenum blew up, then you're in a gray area and I have no idea what to think then.
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Old 11-06-2013, 07:42 AM   #44 (permalink)
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I get your point.

But what if the seller had it on Ebay BIN OBO and he accepted an offer for higher than his offering price on BO. That may have been what happened.
I looked at sold cards of Keenum today. The card in question was not sold on eBay. Numbering is 62/885. :turkey:
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Old 11-06-2013, 01:02 PM   #45 (permalink)
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I looked at sold cards of Keenum today. The card in question was not sold on eBay. Numbering is 62/885. :turkey:
uh oh......
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Old 11-06-2013, 01:23 PM   #46 (permalink)
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nothing from the seller. silence?
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Old 11-06-2013, 01:57 PM   #47 (permalink)
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There are several members that I would not allow to buy by cards even for my listed price and and even if they were the 1st to post in the thread. Has not happened but I can pick and choose who I sell to thats the bottom line
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Old 11-06-2013, 01:59 PM   #48 (permalink)
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Does anyone here realize that Foles played a garbage team and Keenum flopped in the second half....These guys are gonna crash hard to Earth next week...
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Old 11-06-2013, 02:11 PM   #49 (permalink)
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Look, if someone posts a price, and then doesn't sell at that price... it's bad for business, shady, whatever you want to call it. But he's under no obligation to sell at that price. You think selling cards at a posted price on an internet message board is any more customary than a retail store selling at the price on a price tag? Retail stores aren't under any obligation to sell to you at price tag price, but they almost always will, because... getting back to how I opened this post, it's bad for business if they don't. A buyer doesn't have a right to anything until there's an agreement, and posting a price is not an offer that can be accepted. It's simple. Trying to use trade usage to get you to a point where a price becomes an offer is a huge stretch IMO. If you were able to get there, then I'm sure there would be an instance of a retail store being sued and losing for not selling an item at an advertised price.

The only way I can think of where a buyer has a right to buy a card at a posted price is if the seller posts something like "Card for $X, first to post gets it."
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Old 11-06-2013, 02:12 PM   #50 (permalink)
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Does anyone here realize that Foles played a garbage team and Keenum flopped in the second half....These guys are gonna crash hard to Earth next week...
Does anyone here realize that the OP isnt even the one set up to buy the card that hes on about?

:turkey:
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