K9UZZ Herb his word is no good

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n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

K9UZZ Herb his word is no good

Post by n2gbt » Sun Oct 31, 2010 5:32 pm

Been seeing this alot- someone posts something for sale- you say you'll buy it- they say ok send me your zip for shipping and if paying by paypal you have to pay the fees- you tell them no problem on the fees and send your zip- awaiting a total- and then they tell you it's sold to someone else.

Talk about a breech of contract-- anyway- Herb- VERY disappointed in you
Herb's response-- first come first serve- not sure what that means when you asked for a zip code so you could quote me a ship amount so I could pay you via paypal.

You would have had to do the same for a subsequent buyer-- so why screw me on this sale?

Turn your license back into the FCC- you dont deserve to be called a Ham

n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

Post by n2gbt » Sun Oct 31, 2010 9:41 pm

This guy is so amazing that I referred this to my attorney in order to file suit for breach of contract.

I am dazzled beyond belief with this guy. Words cant describe his attitude.

K4ICL
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You did not have a contract...

Post by K4ICL » Mon Nov 01, 2010 12:23 pm

You did not have a contract. You were still negotiating the shipping cost portion of the final amount to be paid. There was NO commitment on either party at that stage of your dealing. There was no payment made. The seller abruptly broke off negotiations, which is rude to be sure, frustrating to be sure, but not a breach of contract.

K4ICL

N6VMO
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Post by N6VMO » Mon Nov 01, 2010 6:44 pm

Show PayPal the email stream where he asked you to cover his PayPal fees, which is against PayPal's rules. :lol:

n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

Re: You did not have a contract...

Post by n2gbt » Tue Nov 02, 2010 10:24 am

K4ICL wrote:You did not have a contract. You were still negotiating the shipping cost portion of the final amount to be paid. There was NO commitment on either party at that stage of your dealing. There was no payment made. The seller abruptly broke off negotiations, which is rude to be sure, frustrating to be sure, but not a breach of contract.

K4ICL
I would disagree- if you offer me a radio for 500.00 and I email you and say I will purchase your radio for 500.00 then we have a meeting of the mind.
If you then advise me IF I elect to pay by paypal I am liable for the 3 per cent paypal fees and I confirm this is acceptable we still have a meeting of the mind.

If you tell me to provide my zip code and you will furnish me shipping charges- this- by itself- does not alter the original contract to purchase the radio for 500.00.

A reasonable man would ascertain that the contract to purchase the radio for an agreed upon amount and payment to be rendered by an agreed method inclusive of fees incurred was consummated.

Emailing me and advising me that you sold the radio to someone else without
providing a ship quote which you indicated you would do in order that I may fulfill the contract, and further indicating that the 2nd party(buyer) has not paid for the item but he/she is the purchaser reinforces the breach of contract.

One could argue that part of the contract was due diligence of the seller to provide shipping in order to fulfill the agreement.

Failure to provide the shipping charges after agreeing to do so, and after agreeing on a purchase price, and after agreeing that paypal would be the form of payment as indicated in email exchanges with the additional paypal fees requested by the seller and agreed to be paid by the purchaser -reinforces the breach of contract.

( In my opinion)

lhk0pd
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Post by lhk0pd » Tue Nov 02, 2010 12:35 pm

I agree the seller was very flacky to say the least and it would upset me but i hardly think a legal action is plausible nor needed. You showed his character and what is this country coming to with people suing over a little thing. You've embarrassed him or at least gave reason from your version of events to place reasonable doubt about K9UZZ's behavior.
Larry Huff K0pd

KD8HAV
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Location: Bridgeport, WV

Post by KD8HAV » Tue Nov 02, 2010 4:45 pm

NO CONTRACT. That is the key in this case.

KD8HAV

N8ERM
Posts: 227
Joined: Sun Dec 25, 2005 12:43 am

things sometimes go wrong.

Post by N8ERM » Tue Nov 02, 2010 6:26 pm

It looks as if K9UZZ is doing an estate liquidation for someone. Truly a thankless job. Did the buyer have a binding contract? Does not look like it to me. Remember there are a lot more buyers than sellers and sometimes you loose. Not a big deal for me, just find another "whatever your looking for". Things that I have done to help my estate sellers....

I have all my gear listed according to serial number and a good average of price worth, this is updated each year. I have three people that are willing so sell this gear if/when something happens to me, they will have first chance at the gear as they are my friends. My wife will pay the seller, sellers, 10% of the money received from the sales. If they are unwilling to take the money it will be donated to charity. The person selling my gear will know the exact condition of the gear operationally as it is listed on the paper work. I have boxes marked for each piece of gear and all manuals filed. Am I suffering from impending doom syndrome, not at all, just trying to cover all bases so my family will not have an added worry. That way the persons selected will be 99% sure of the condition of my equipment. It will need to be checked out prior to sale. As you know you may pull a completely working piece of gear today and it might not fire up tomorrow.
73,
Terry N8ERM

N9LCD
Posts: 323
Joined: Sat Jul 01, 2006 8:32 pm

Post by N9LCD » Tue Nov 02, 2010 8:54 pm

I'd really like to see what N2GBT's attorney said.

N9LCD

KA9MOT
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Post by KA9MOT » Tue Nov 02, 2010 11:31 pm

Even if it were a Breach of Contract, and it is not, There is no loss. No judge would side with the OP.
Steve - KA9MOT

n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

thats why lawyers are the only ones who win

Post by n2gbt » Wed Nov 03, 2010 12:21 am

N9LCD wrote:I'd really like to see what N2GBT's attorney said.

N9LCD
Pretty much what I reiterated- if you offer to sell me something at an agreed upon price and fail to deliver said item it is a breach of contract.
If there exists a meeting of the mind... its a contract.
I tell you I'll sell you my radio for 500.00-- you email me and say ok- sold.... please send me shipping.

I reply send me your zip code and I will send a ship quote.... furthermore you indicate to me if paying by paypal add 3 percent-- I acknowledge the 3 per cent and indicate paypal is the method of payment.

The fact that a ship quote wasnt given has no bearing on the meeting of the mind. If I eleced to pick it up rather then ship the item eliminates the shipping argument. Ask 10 attorney's their argument for this and you'll probably get 11 opinions :)


The bottom line is- nobody wants to sue anybody over a radio- it just gets frustrating that people pull this crap. Give me the courtesy of telling me its my radio BUT the first one who sends money wil own the radio. Dont tell me its my radio-- youre going to get me a ship quote and then never give me a ship quote and tell me- sorry someone else bought it. DID THEY get a ship quote?

The point was how the transaction was handled and the courtesy or lack of courtesy- extended to me as a buyer.

Most people including myself calm down after a day or so- and life goes on.

The purpose of this form is to voice one's experiences with sellers--and buyers- and perhaps the next buyer will handle things differently to insure his or her purchase. Perhaps the next seller will handle things differently to insure his or her sale. Ironically- Ive spoken with Herb and will probably meet with him in November when he visits florida- have a beer or two and laugh about he whole thing- and.. since his 2nd buyer didnt pay the correct amount- end up owning the radio that started this whole magilla.

Selling for an estate is mostly a thankless job and the best intentions were probably in order--

As far as I look at things - Ive made my point- I continue to speak with the seller- I may end up with the radio anyway- probably will gain a new friend-
you cant ask for more then that in a good transaction- let alone one that didnt go so well.

lhk0pd
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Post by lhk0pd » Wed Nov 03, 2010 1:14 pm

{As far as I look at things - Ive made my point- I continue to speak with the seller- I may end up with the radio anyway- probably will gain a new friend-
you cant ask for more then that in a good transaction- let alone one that didnt go so well.}
Strange way to make friends.
Larry Huff K0pd

W3WN
Posts: 83
Joined: Tue Jun 09, 2009 2:40 pm

Re: thats why lawyers are the only ones who win

Post by W3WN » Thu Nov 04, 2010 3:24 pm

n2gbt wrote:
N9LCD wrote:I'd really like to see what N2GBT's attorney said.

N9LCD
Pretty much what I reiterated- if you offer to sell me something at an agreed upon price and fail to deliver said item it is a breach of contract.
If there exists a meeting of the mind... its a contract.
I tell you I'll sell you my radio for 500.00-- you email me and say ok- sold.... please send me shipping.
<snip>
That's the key. If you make an offer, and the seller accepts it AND specifically says "sold," then (IMHO) you have an agreement.

Is it a legally binding one, especially if you're now negotiating fees, shipping & handling? That may depend, it may differ from deal to deal, and only an attorney could tell you for sure... and who wants to have to go that far.

If the seller says "sold" and then changes his mind while the details are being worked out, IMHO, the seller should have the obligation to tell they prospective buyer immediately that the deal is cancelled.

Obviously not everyone feels that way. But not everyone has the same ethics and morals as anyone else.

n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

Re: thats why lawyers are the only ones who win

Post by n2gbt » Thu Nov 04, 2010 3:51 pm

W3WN wrote:
n2gbt wrote:
N9LCD wrote:I'd really like to see what N2GBT's attorney said.

N9LCD
Pretty much what I reiterated- if you offer to sell me something at an agreed upon price and fail to deliver said item it is a breach of contract.
If there exists a meeting of the mind... its a contract.
I tell you I'll sell you my radio for 500.00-- you email me and say ok- sold.... please send me shipping.
<snip>
That's the key. If you make an offer, and the seller accepts it AND specifically says "sold," then (IMHO) you have an agreement.

Is it a legally binding one, especially if you're now negotiating fees, shipping & handling? That may depend, it may differ from deal to deal, and only an attorney could tell you for sure... and who wants to have to go that far.

If the seller says "sold" and then changes his mind while the details are being worked out, IMHO, the seller should have the obligation to tell they prospective buyer immediately that the deal is cancelled.

Obviously not everyone feels that way. But not everyone has the same ethics and morals as anyone else.

I agree- if a seller changes his mind after agreeing to selling you something and sells it to someone else AND youve agreed upon a price, fees and method of shipment pending ship quote- by selling it to someone else under identical provisions then a clear breach exists.

Deals like this certainly can get one aggravated--and there are things that happen beyond one's control which can be reason to negate a sale- such as dropping the radio or finding out there are problems- the whole idea of the post just reflects my experience with a seller- how things were handled- and
probably a hastily written course of action few of us would ever REALLY pursue.

Buying and selling can be a joy- or a disappointment- just trying to keep the disappointments down to a minimum for myself and others.
When the smoke clears its ONLY an old used radio after all.

I'd rather be posting this then posting about buying a dead radio or not receiving something I've paid for :)

n2gbt
Posts: 62
Joined: Sun Dec 14, 2008 5:50 pm

how this was resolved

Post by n2gbt » Tue Nov 16, 2010 2:52 pm

Herb did in fact arrive in Florida WITH The radio and matching speaker-
although the radio was advertised as an 850S Herb mentioned he found a box for an 850 tuner at his estate purchase location- and the box was empty. The tuner was- in fact- installed in the radio. Herb turned out to be a gentleman-while I disagree with his view on selling items-alot changes when face-to-face meetings take place. SO much can be lost in meaning and translation with regards to emails.

The radio is a gem- works perfectly and the added tuner was a big plus.
I thought it proper to follow this thread up to finalization and I thank Herb for following through with the transaction-

wx1f
Posts: 257
Joined: Mon Jul 17, 2006 7:45 pm

Re: how this was resolved

Post by wx1f » Wed Nov 17, 2010 3:25 pm

n2gbt wrote:Herb did in fact arrive in Florida WITH The radio and matching speaker-
although the radio was advertised as an 850S Herb mentioned he found a box for an 850 tuner at his estate purchase location- and the box was empty. The tuner was- in fact- installed in the radio. Herb turned out to be a gentleman-while I disagree with his view on selling items-alot changes when face-to-face meetings take place. SO much can be lost in meaning and translation with regards to emails.

The radio is a gem- works perfectly and the added tuner was a big plus.
I thought it proper to follow this thread up to finalization and I thank Herb for following through with the transaction-
NOW.....GET THIS WHOLE POST DELETED BEFORE HE SUES YOUR xxxx OFF!!

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