What are both parties rights?

[forumfee]

A person sells something privately on a chat forum (sale agreed through email and money transerred from one bank account to another).

The seller then receives a much higher offer, which they accept and post the item out to the highest bidder.

They send the lower buyer an email to explain the situation and request their bank details so that they can return the payment immediately.

The lower buyer refuses and says the item is legally theirs as they have paid for it and it must be send immediately. The item has gone and this has been explained to the lower bidder.

Does the lower bidder have any legal rights here or do they have to accept their money back?

[Curlyben]

Re: What are both parties rights?

Realistically no, sorry.
Even with eBay and their "contractual" arrangements there are still very few real rights.

[forumfee]

Re: What are both parties rights?

Realistically no, sorry.
Even with eBay and their "contractual" arrangements there are still very few real rights.

Are you 100% on that? I'm hearing from some kind of lawyer on another forum that because the person paid for the item first, it is lawfully theirs and that they can go to court for compensation aswell as a refund and the new owner being forced to give it to the lesser bidder. Thanks.

[wales01man]

Re: What are both parties rights?

All this talk of court action and legal stuff can the OP tell us the value of the item before any more is said taking a commonsense approach might be to just take the money back

[forumfee]

Re: What are both parties rights?

All this talk of court action and legal stuff can the OP tell us the value of the item before any more is said taking a commonsense approach might be to just take the money back

She paid £17.50 so not a lot really. But she seems determined!

[wales01man]

Re: What are both parties rights?

Only my opinion but put this down to experience is it really worth any more hassle i expect others to disagree but i feel that at times no action is the best action

[forumfee]

Re: What are both parties rights?

Only my opinion but put this down to experience is it really worth any more hassle i expect others to disagree but i feel that at times no action is the best action

If I was the buyer I'd just take my money back and chalk it up to experience. But I'm the seller, so the ball is in the other persons court now really.

[Inca]

Re: What are both parties rights?

I'd plump for the refund,,it's a lot of aggro for little benefit.

[enquirer]

Re: What are both parties rights?

Does the lower bidder have any legal rights here or do they have to accept their money back?

Yes, the contract has been formed and consideration accepted. The item is theirs.

However, as the item is of low value and a refund is to be made, any attempt to claim compensation (or obtain an order to send the item), would be ill received by the court.

Accept the refund.

[forumfee]

Re: What are both parties rights?

Yes, the contract has been formed and consideration accepted. The item is theirs.

However, as the item is of low value and a refund is to be made, any attempt to claim compensation (or obtain an order to send the item), would be ill received by the court.

Take the money.

The compensation thing did scare me a bit! I never realised there was a law with private sales.

So the fact that I have asked for her details to immediately return the money, twice, would stand in my favour? What would be her first port of call if she was taking it further?

[wales01man]

Re: What are both parties rights?

forumfee
Are you the seller?

[Inca]

Re: What are both parties rights?

forumfee
Are you the seller?

I was wondering that

[forumfee]

Re: What are both parties rights?

I was wondering that

Yeah, I said a few posts back.

[shell]

Re: What are both parties rights?

If I was the buyer I'd just take my money back and chalk it up to experience. But I'm the seller, so the ball is in the other persons court now really.

I think he is telling us here that he is the seller.

[enquirer]

Re: What are both parties rights?

So the fact that I have asked for her details to immediately return the money, twice, would stand in my favour? What would be her first port of call if she was taking it further?

In law, her recourse would be to the County Court. She would win on points, but would be unlikely to turn a profit. It is possible that if sufficiently irritated, the court might apply the de minimis principle ('the law will not be bothered with trifles'), and throw the case out.

She could, technically, make a complaint of theft, but the chances of that going anywhere are extremely small.