72? 73? What do you think?

wints · Post by **wints** » Tue Sep 20, 2005 5:07 am

OK....Now the final word. It turns out they are not going to sell the bass to me. The sales guy who took my info shouldn't have and they will not honour the "sale".

I spoke to the manager who apologised, but said he could not sell it.

All in all, NOT a good way to do business.

lowendbob · Post by **lowendbob** » Tue Sep 20, 2005 5:18 am

BUMMER !

v64jazzbass · Post by **v64jazzbass** » Tue Sep 20, 2005 5:18 am

I agree. That's too bad. I was afraid that might happen. Nice looking Ric though.

rickaddict · Post by **rickaddict** » Tue Sep 20, 2005 5:21 am

Ouch!

jnbass · Post by **jnbass** » Tue Sep 20, 2005 5:50 am

damn!

marc61 · Post by **marc61** » Tue Sep 20, 2005 6:11 am

Basser-x is Marshall. I wish him luck, even though I may still bid higher on it. Wish we had more specifics on the year etc. I have not gotten a response from my serial number question to them.

incubus2432 · Post by **incubus2432** » Tue Sep 20, 2005 6:40 am

I think it is right that they don't sell it outside of the auction....let it run it's course. It is wrong they told you you could have it but I think that is a "lesser wrong" than pulling the auction early.

The only fair thing to do is let the auction go and let bidders decide who gets it fairly instead of making backroom deals.

wints · Post by **wints** » Tue Sep 20, 2005 6:40 am

Brian, I can see both sides of the story, but instances like this are very bad from a customer care standpoint. When an employee who is authorized to sell instruments takes my payment and tells me it's sold, then what am I to think?

They certainly need to get their in house communication better for sure.

I "paid" $848 for it...

lowendbob · Post by **lowendbob** » Tue Sep 20, 2005 6:46 am

HOLY ****!!!! I like the back room deal better.

shinynewtoy · Post by **shinynewtoy** » Tue Sep 20, 2005 7:02 am

..sound of jaw hitting floor, bouncing twice...

Someone there might have figured the auction would go higher. Sorry Andrew... to get that bass at 50+% off would have been a score to celebrate!

Are you still pursuing it? I'm not... I really, really like my marriage!

incubus2432 · Post by **incubus2432** » Tue Sep 20, 2005 7:10 am

Andrew....I certainly agree that it is wrong that they "sold" it to you and they obviously have a communication problem. I think it is the right decision though....they should have just refused your offer in the first place.

winston · Post by **winston** » Tue Sep 20, 2005 7:10 am

Andrew from a legal standpoint you have the essential elements of a binding contract.

What is a Contract

A contract is a voluntary exchange of promises creating obligations which, when there is a failure to perform, will be enforced and remedied by the court.

It may be written, oral, implied or a combination of all three.

The Five Essential Elements of a Contract:
1 - Intention to enter into a legal relationship.
2 - Agreement or bargain.
3 - Capacity of the parties to contract.
4 - Compliance with formalities required by law to:
Include consideration.
Be under seal.
Comply with necessity of writing (Statute of Frauds).
5 - Legality of object.

You could win the day just by pointing this out to the seller.

wints · Post by **wints** » Tue Sep 20, 2005 7:13 am

Well Bob, I'll write to them, so hopefully this doesn't happen to anyone else again and we're see how we go from there. This sort of thing tends to leaves a bad taste in the mouth.

winston · Post by **winston** » Tue Sep 20, 2005 7:17 am

Just so you know:

An offer is a definite and final expression of a willingness to be bound on certain terms to the person or persons to whom it is made.

An offer is something which invites and is intended by the offeror to invite, acceptance and must be sufficiently definite to be capable of resulting in a contract if accepted.

You made an offer to a person who obviously has legal capacity to accept the offer. Then consideration was discussed and accepted by that same person. The bottom line is that you have a valid irrevocable contract in place.

wints · Post by **wints** » Tue Sep 20, 2005 7:24 am

Thanks Brian.