woould you pay £xxxxxxxxxxx without seeing it?

Came across this ad for a Brough in another group. On reading the blurb
the seller has said its not possible to view due to security - I can
understand his paranoia and can only assume that the 28 bids placed
currently 32k are by people who must know the owner/Brough

I know that most of us have purchased stuff on ebay sight unseen but
jeez £32k!?!



http://cgi.ebay.co.uk/1938-BROUGH-S...cles?hash=item3ca4d3f332&_trksid=p3286.c0.m14

or item

260463391538

 

Don't really see a problem. He's not even asking for a deposit when the
auction finishes, so if you win it & it's not as described, you walk
away.

 

So? If it's not as described, you don't buy it. Duh.

 

Yes of course you can walk away, but the fact still remains that the
seller expects someone to part with (currently) £32,100 to buy it
without seeing it.

The owner hasn't made any wild claims about its condition and at 70+
years old with the owner even says that some of the paint work is iffy
and "the bike does come up beautiful with a good clean". No mention of
mechanical condition of engine and gearbox etc just a bit about the mag
and brakes.

I know that its easy to walk away having paid more than you should have
for something on flea bay despite having entered into a contract to buy
it. Most sellers would just swear and curse the day you were born and
that would be an end to it.

However,I just know that with the way my luck runs the seller of say a
50 quid item which I had turned my nose up at and declined to stump up
the cash would turn out to be a recently retired senior partner in a law
practice specialising in contract and consumer law. Not only that, he
would, finding he now has time on his hands, be prepared to pursue me to
the ends of the Earth to extract his money and costs - just because he
could (

 

What contract would that be?

 

the one where you agree to buy something on fleabay - same as any other
auction.

 

Bollocks, it is, no matter what ebay would like you to think.

 

so if an agreement made electronically is not a contract, how come a
verbal agreement between two people IS a contract?

 

It isn't.

 

ITYF that you're wrong. It is, it's just very hard to enforce because
it's harder to prove compared to something that's written on paper.

 

I think you mean "it can be"

 

An oral contract is a contract:

a contract requires only four elements: an offer, an acceptance, a
consideration and an intention that this is legally binding - this
could even be the handshake.

http://www.managementtoday.co.uk/search/article/412277/uk-law-good-oral-contract/

It is harder to prove that there is a contract or what the terms are,
but an oral contract is a contract nonetheless.

 

Take it from me, unless you have independent witnesses who are prepared to
take the stand in court and be unequivocal, you are pissing in the wind.

OK if there is good supporting circumstantial evidence you have at least a
chance in court, but how many 10's of thousands are you prepared to spend on
said gamble.

 

Mind, if the verbal contract was made by your solicitor with the other
parties solicitor it probably won't get as far as court.

A couple of years back one of my mates in Edinburgh got paid £15k to not
buy a flat. Stupid vendor had assumed he could accept another, higher,
offer without realising that he already had a binding contract to sell
the flat. 2 contracts on one flat is not a good situation...

 

That is a practical question of how you prove there is an oral
contract: it does not change the fact that an oral contract is a
contract.

 

Heh. Good result for your mate, though.

 

(M J Carley) spewed forth:

Not if I'm holding a loaded gun, it isn't...

 

Using the patented Mavis Beacon "Hunt&Peck" Technique, M J Carley

"She promised she'd swallow, and at the last damned minute she spat! I
want compensation."

--
Wicked Uncle Nigel - "He's hopeless, but he's honest"

I have already made the greatest contribution to the fight against climate
change that I can make: I have decided not to breed. Now quit bugging me and
go and talk to the Catholics.

 

It's as empty an argument as "communism can be a good thing" or "Cuba has a
great health service"

 

make a nice chopper or bobber, looks better than a harley D.
Be fun to keep the rolling chassis as is and put the motor in a mad OC type
chassis for a summer 'if we ever get another'
And tour the classic shows, complete with a noose and gallows.