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  • sells59
    Junior Member
    • Jan 2011
    • 12

    Marketplace rules help please

    Hi. I could use a little assistance with a Marketplace rules question.

    I posted an item here for sale:


    I'm trying to do this fairly and make sure the first responder gets the item.

    The Marketplace rules (http://www.calguns.net/calgunforum/s...d.php?t=317837) don't seem to address this but only mention it by implication, saying that non-"I'll-Take-It's" must be made via PM. But it does NOT say that "I'll-Take-It's" must NOT be made via PM to be valid.

    Here is the exact rules quotation. Perhaps the rules could be clarified as well.

    13) Question and Inquiries about products listed in an ad. Most questions and product inquiries can be handled via Private Messages. We expect you to use this feature for all questions and inquiries. If you feel your question or inquiry involves a material aspect of the item being bought/sold you may post that in the thread. The term "material aspect" means one that dramatically affects the value, function, or operation of the item being bought/sold. Any information about the item that was not included initially in the original post, but asked about by another member, should be added to the original post. All offers other than 'I'll take it' must be made via Private Message and do not need verification such as "pm sent", "offer sent", "would you be willing to xxxx".


    As I posted in my sale thread:

    Since I'm a newbie seller, and I want to make sure everything is handled fairly and according to the rules, this is a question to the community...

    In my initial posting, I unfortunately was not clear about shipping costs and so I added that new info today to clarify that and ask anyone who was still interested to confirm.

    RideShoot&Drink is clearly the first to have responded on the thread that he will take it, at 4:09PM yesterday. And he has confirmed to me today he will pay the required $50 with shipping.

    However, yesterday before RideShoot&Drink, I received PM's from 1811 at 9:17 AM and 1911ZENSHOOTER at 10:43 AM expressing they wanted it but also asking questions about barter options or other terms.

    I don't see anything in the rules that state you must post to the thread that you will take it. So, my thought was that if 1811 or 1911ZENSHOOTER confirm within a reasonably short time that they are willing to pay the $50 including shipping, then they should be given 1st and 2nd opportunity, respectively, with RideShoot&Drink being 3rd.

    I don't want anyone to be treated unfairly. So, is there a clear rule here that would clarify who is "first"?
  • #2
    rromeo
    Calguns Addict
    • Sep 2009
    • 6981

    You are free to sell to whomever you choose. I try to sell to the first firm contact, but also the easiest to deal with.
    Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

    - from THE SECOND BOOK OF KYFHO
    (Revised Eastern Sect Edition)

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    • #3
      Kestryll
      Head Janitor
      • Oct 2005
      • 21584

      The rules do not state that a buyer HAS to respond in the thread with 'I'll take it' because we do not want to be in a position to try to dictate who the seller has to sell to.

      Personally what I use when determining who was first is the time stamp AND whoever gives a solid offer first. In other words if buyer A says 'I'm interested but with these caveats or conditions (lower price/seller pays shipping/partial trade/etc), can we work a deal' and buyer B posts or PMs 'I'll take it at the listed price and conditions' then buyer B made the first solid offer.
      Now if I cut a deal with buyer A for a lower price or free shipping and we agree to it and buyer B then says 'I'll take it for full price' well, I'm sorry but buyer A and I already agreed to the deal.

      Again, this is my opinion and NOT policy or a rule for CGN.

      The issue of 'I'll take it' is one that has come up and rather than dictate term on this issue we will be asking the membership for their thoughts on this in the near future.
      sigpic NRA Benefactor Life Member / CRPA Life Member / SAF Life Member
      Calguns.net an incorported entity - President.
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      Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA.

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by Kestryll
        Personally what I use when determining who was first is the time stamp AND whoever gives a solid offer first. In other words if buyer A says 'I'm interested but with these caveats or conditions (lower price/seller pays shipping/partial trade/etc), can we work a deal' and buyer B posts or PMs 'I'll take it at the listed price and conditions' then buyer B made the first solid offer.
        exactly. If I am actively working with A to finalize a deal, he has priority over B, even if B offers to take it at the original terms.

        A similar situation in which A and B might both be willing to take it at the listed terms, but A can't meet me til Sunday, but B will pick it up today, I can choose to sell to B, if I haven't previously accepted A's offer.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          sells59
          Junior Member
          • Jan 2011
          • 12

          Thanks. Great feedback from all 3 of you.

          ke6guj, are you agreeing or disagreeing with Kestryll?

          I think he is saying the first firm offer from B trumps as long as you have not yet reached agreement with A. You are saying give A a chance to complete working out a deal even though B has made a firm offer, right?

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by sells59
            ke6guj, are you agreeing or disagreeing with Kestryll?

            I think he is saying the first firm offer from B trumps as long as you have not yet reached agreement with A. You are saying give A a chance to complete working out a deal even though B has made a firm offer, right?
            I am disagreeing with him in determining who I sell to. Which I am allowed to do. There is no "official" method I must use to determine who I want to sell to and I choose to do it the way I want to do it. Kestryll may choose to let B come in second and "steal" the deal, but I prefer to work with A to determine if we can come up with a deal. I don't have to stop talking with A and take B's offer, if I don't want to.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              sells59
              Junior Member
              • Jan 2011
              • 12

              Yes, certainly you are entitled to disagree. Thanks for your take. I just wanted to clarify it. The word "exactly" threw me off because I thought at first you were agreeing.

              Comment

              • #8
                Boltz
                Member
                • Sep 2010
                • 406

                So the rules let you do what you think is fair. Act in line with how you'd want your own offer to be treated is how I like to think of it

                Comment

                • #9
                  Rob454
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Feb 2006
                  • 11254

                  I go by whoever has a FIRM Ill take it.
                  if someone is still negotiating price shipping packaging appearance etc questions and another member simply PMs with a Ill take it that's who gets it.

                  Now if I get a PM and I negotiated a price and its finalized with a ILL take it ( even if I am negotiating with another member) then its sold to that person even if another member offers me my original asking price/still in negotiating phase.

                  Unless I get a firm ill take it its still for sale. I've been flaked on before just to never hear from them again. A Ill take it for me works though PM. I've had instances where people say Ill take it and then i gotta wait till they respond just to find out the ill take it has turned into a lowball offer. Also cash in hand local beats out of city shipping any day
                  Last edited by Rob454; 01-11-2011, 3:46 PM.

                  Comment

                  • #10
                    Cyc Wid It
                    Veteran Member
                    • Mar 2009
                    • 4485

                    If I'm already negotiating with someone, I will attempt to complete the deal with them, even if I receive a higher offer/my asking price from other parties during the process. Usually people will mention in their ad "first unconditional I'll take it followed by PM" etc. or if they give priority to local buyers. When deciding between multiple similar offers, I usually factor in convenience and iTrader.
                    WTS all BNIB: Colt S70 Repro, HK45c, Gen4 G19

                    Comment

                    • #11
                      olhunter
                      CGN Contributor
                      • Dec 2008
                      • 3707

                      Like Kystryll says, you can sell to whomever you want.

                      Which means you can lay out the rules in your original post however you like.

                      "First unconditional I'll take it posted in the thread, gets it" or

                      "All offers or interest will be done in chronological order of PM's" or

                      "It's my gun and I'll decide who I want to sell it to"

                      There are people here that will post 'I'll take it" just to 'reserve' their spot, and then start negotiating. I don't even talk to them. I would take them off your list.

                      I've been flaked on so many times, I'm considering doing it Gunbroker-style. You pay me and then I'll show up with your stuff.

                      And a CG suggestion - The OP should have editorial control of their thread so a bogus 'I'll take it" could be deleted.

                      As for your original dilema....just do whatever you feel comfortable with. You have to decide.

                      If it was me?

                      RideShoot&Drink would get it.
                      Last edited by olhunter; 01-11-2011, 5:59 PM.
                      It cannot be inherited, nor can it ever be purchased.
                      You and no one alive can buy it for any price. It is impossible to rent and cannot be lent.
                      You alone and our own have earned it with...Your sweat, blood and lives. You own it forever.

                      The title is....."United States Marine".


                      sigpic

                      Comment

                      • #12
                        Pthfndr
                        In Memoriam
                        • Oct 2005
                        • 3691

                        Originally posted by Kestryll
                        Personally what I use when determining who was first is the time stamp AND whoever gives a solid offer first. In other words if buyer A says 'I'm interested but with these caveats or conditions (lower price/seller pays shipping/partial trade/etc), can we work a deal' and buyer B posts or PMs 'I'll take it at the listed price and conditions' then buyer B made the first solid offer.
                        This is how I generally do it.

                        Occasionally someone will say I'll take, but want a question answered first. If their question is one of things Kestryll mentioned, they are probably a tire kicker and will be wasting your time. Go with the first unconditional "I'll take it".

                        If their PM/email to you contains a specific question, for example: "I'll take the Browning HP you are selling as a WWII bring back ONLY IF it has Nazi emblems on it and official bring back papers." If it does then you could pretty reliably figure he will in fact buy it. If it doesn't, he probably won't, so if you have another confirmed "I'll take it" then consider the second guy the one you will be dealing with.


                        This is why your ad should be as detailed and specific as possible, including clear, detailed pictures.

                        ETA: Set you user preferences to notify you when you get a PM. I always say in my ads that the first "I'll take it" by PM or Email gets it because with my preferences set to notify me by email when I get a PM everything will always have a time stamp. I don't check my ads daily for replies, but I always check my email.
                        Last edited by Pthfndr; 01-11-2011, 7:44 PM.
                        Rob Thomas - Match Director NCPPRC Tactical Long Range Match

                        Match Director Sac Valley Vintage Military Rifle Long Range Match

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