Can asking price be changed after offer is made?

Moto_man: An offer to sell at a certain price and an unqualified acceptance is a contract. But I don't think any court in the US would interpret that to mean that a seller who places an ad is obligated to sell just because someone agrees to the listed price. And that seems to be the issue here.

Sean, Zaikesman, why bother with both auctions and classifieds if OBO is going to turn classifieds into unrestricted, unmonitored auctions? Since there is a place (auctions) that preceed the classifieds I think it is quite clear as to what we are agreeing to up front, and it's not an auction. Unless there are some unforseen changes (the equipment is no longer in the condition it was originally advertised as, etc.) it behooves us all to set some type of standard as to what constitutes a contract. This type of thing could get out of hand and we all could loose out on a good thing.

Unsound and Cuonghuutran, I appreciate your concerns, and also do not think that our real issues are either legal or practical, but neither do I believe that they are primarily moral. To me, the essential qualities of square dealing when selling online are a blend of honesty, communicativeness, thoroughness, straightforwardness, discretion, and common courtesy.

Here FWIW is my take: Since, as legal and practical issues, sellers are basically free to do as they please, and since a truly amoral seller merely amounts to a crook (in other words, someone intent from the start on giving the buyer less than they thought they paid for, a type from which I think we are relatively and thankfully exempt around here), it is what remains after those givens are accounted for that determines what constitutes good selling practice.

>Honesty: If a seller says it or prints it, they must make sure it's true, and then honor it.

>Communicativeness: When a seller solicits responses from potential customers through an ad, it is their responsibility to follow through and make every effort to communicate back in a timely and informative manner, to everyone, and for however many times are required, until a sale is satisfactorily completed and the ad ended (including fowarding the buyer information about when payment has been received and merchandise sent). This also includes updating the ad as needed to keep it timely and accurately reflective of the current status.

>Thoroughness: Taking the time to totally inspect and assess (and research if necessary) items offered for sale, and then writing an ad detailed and comprehensive enough to accurately and completely describe the item to potential buyers (providing pictures and/or links, if appropriate and able). The word thoroughness also applies to the study and consideration which must be given to the AGS scale criteria before assigning a number grade, and to the care and time taken which constitutes good packing practice.

>Straightforwardness and Discretion: This where I believe people often get into trouble, resulting in problems like the one this post is about. It is not incumbent upon the seller to reveal to potential buyers everything concerning the progress of their ad offer, but it is incumbent upon them to truly mean what they do choose to say, and to stick to facts. For instance, if a seller does not necessarily intend to sell to the first buyer to respond at their asking-price (as is their perogitive, because many other factors may come into play, but sellers must realize that 'first asking-price response' is very common practice, and words should be carefully chosen with this in mind), then they shouldn't tell anybody they were 'first', because that carries implications. If an unsolicited higher offer(s) is received, then it is appropriate for the seller to inform other potential buyers who inquire that the asking price has already been met and they are now considering their best offer(s), but not to start a 'bidding war' by quoting dollar figures above the asking price - for that, the seller needs to start an open auction. If market response informs the seller that they have unwittingly priced something much too low, or for any other reason the seller changes their mind about how they are listing an item or decides to start an auction instead, then they should admit their mistake and tell their respondents that they are going to pull the ad, and what they intend to do next. If a seller changes their mind and does not intend to re-list the item in any way, they should tell their respondents that the item is no longer for sale, but an explanation is not necessarily owed as to why. Basically, as long as a seller is truthful in what they choose to reveal, they not only reserve the right to play their cards close to chest if they so desire for strategic purposes, they also will often foster better customer relations by doing just that. This is what I mean about being straightfoward yet discreet. Telling potential buyers what they need to know and what they should know - but not necessarily everything the seller knows - as it pertains to ad response or the seller's decision criteria; not committing (or appearing to commit) to positions one doesn't necessarily intend to keep; and not leading buyers on, reversing position on them, or unecessarily letting them down by revealing privileged information they don't need to know (or posting two contradictory ads of course!) - these are the seller's equivalents of the 'better part of valor'. This is simply being smart.

>Common Courtesy: Being polite and thankful toward respondents, following up whenever needed or promised, not hastily assuming the worst concerning potential problems, but rather making true good-faith efforts to work out disputes in private before going public or to Audiogon dispute resolution, and utilizing the Audiogon feedback system conscientiously.

IMO, as long as sellers stick to general principles like these, there will be no need for questions of legality or morality to have to come into play.

Zaikesman, thankyou for your thoughtful and well worded reply. I still think that letting the seller off the hook is tantamount to turning the classifieds into a silent "auction". The inverse to an undervalued asking price is an overpriced asking price. The consequences of that would be either no sale or reaping a larger profit margin. Would we agree with a buyer who skipped out on a deal after agreeing to the price, because he latter discovered that it wasn't worth it? Just as the seller could complain that he may have lost other legitimate sales opportunities, so could the buyer complain that he lost other legitimate buying opportunities. We could turn this thing into a similar debacle that has plagued the restaturant industry, where an individual makes multiple reservations and then askes his companions where they would like to dine at the last minute, giving the impression of being a big shot who can just walk into any popular restataurant. Some restaurants now over book leaving some resaurants with empty tables and others with disgruntled customers waiting at the bar. Many whom have had their after dinner plans ruined (theatre tickets, air line reservations, etc). Even if the person makes multiple reservations and cancels, he has still altered the table and seating arrangements. Now the staff has to do twice what could have been done once for even less money and customers are forced to endure the havoc that ensues. What once was a courtesey is lost and our standard of living with it. Think of the consequences of emdorsing this type of behaviour. In my opinion ignoring it is the same as condoning it. Just as a buyer needs to do his home work before committing to a bid or a purchase, so must the seller. Once it's out there and it's accepted, it's a deal. Timeliness is an arbitrary perspective. I believe Audiogon requests all deals be completed in 10 days. That time period would also include the time involved in checks clearing and actual delivery. As such, at what time is the seller responsible for confirmation for the the sale to proceed? I think that when appropriate following the Audiogon guidelines for auctions should apply to sales as well. One purchase can set into motion a series of sales and/or auctions that involves many Audiogoners. Any hinderence to this mechanism can be construed to be a hinderence to the hobby and objectives of that brought us here in the first place, the opportunity to obtain the best possible sound within our own personal budgets. It's in our own best interest as a community of similar people with similar objectives to to come to agreement as to what is and what is not acceptable to us as a community. Encouraging this type of sales behaviour is a detriment to us all. All socities have rules, customs and laws, I think we can fit this topic into at least one of these categories.