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Conduct on Audiogon


I am relatively new to Audiogon and have a question about how business is conducted on this site. This morning I made an offer to purchase an interconnect at a certain price and if the seller responded within the day. I received an e-mail from the seller indicating "I'll accept your offer" and notifying me that he would accept paypal or a money order as payment. At this point I have made an offer, he has accepted, and I am thinking we have a deal. 42 minutes later he sends me an e-mail saying he needs me to reconfirm within 10 minutes or he is going to sell to someone else. Of course I am not monitoring e-mail on a minute by minute basis since I have to keep my day job in order to support this expensive habit, and the guy turns around and sells this thing to someone else. In the regular, non-internet, world where I operate this type of conduct would be total b.s. But when I ask this guy how he can agree than simply back out he tells me this happens all the time on Audiogon. Is this really the case? Does this type of conduct merit negative feedback or am I overreacting?
bink
dtsag
119 posts
 
These things happen a lot as there are so many people on earth with that kind of attitude. Shame on them. I am so upset a couple of months ago as the same thing happen to me twice!

Yes is yes, why waste the time to re-confirm. If re-confirm is really need, then wait for the re-confirm to come back with a Yes or No within a reasonable time frame, at least 24 hours. Not 1 hour, 2 hours, 10 minutes! Give me a break.

I will add those people into my NOT TO DEAL WITH LIST.

Good luck all.
macm
116 posts
 
Angela--I'm not a corporate lawyer, but I have studied contract law. You're right, there was a condition attached to the offer. Bink offered to buy at a given price "IF the seller responded within the day." I'm assuming the seller did in this case. However, if he didn't respond within the day, then Bink's offer was automatically voided. In that case, what we've been calling the seller's "acceptance" would actually have been a counter-offer. Until the counter-offer was accepted by the buyer, there would be no agreement. It's entirely reasonable for the seller to clarify the need for "confirmation" (read: "acceptance") that the buyer still wanted to proceed. However, the seller should have given Bink a more reasonable amount of time in which to reply before going with another buyer, as you and I agree.

Sean--I agree that the line must be drawn somewhere. It would not be appropriate, for example, to allow negative feedback if a buyer wasn't able to cement a deal and just wasn't happy with the way the seller negotiated. But apparently there was a deal in Bink's case, so what we're looking at is a breach of contract on the part of the seller. Offer + acceptance = contract. I think the line deciding what is allowed in the feedback section should be drawn to include willful unethical conduct that arises after an agreement is reached, regardless of whether the transaction is completed. If a member has a history of reneging on his deals, I think you'd agree that's something prospective buyers should have a right to know.
sean
6,231 posts
 
Mac, thanks for your well worded and thoughtful post on the subject. Hopefully, Audiogon will take note of your thoughts ( that i think MOST members agree with ) and try to work it into the program. I'm glad that others still feel that this site IS willing to listen and are taking the time to voice their thoughts in a positive and helpful manner. Sean
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