Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-24 Thread Tiger Moses

Remember, money isn't always involved.
Say a guy has a motor cycle for sale $800 or OBO
you come by and show him a laptop you'll trade for the motorcycle, and he
say ok
I've know people who have traded computer for used cars!

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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread Paul . Stregevsky

Writing OBO without stating a time limit or mentioning that there is a
reserve figure in mind is dishonest because in the absence of these
conditions, the seller can keep refusing the highest offer indefinitely,
explaining, I'm still waiting for a better offer. His ad said, or best
offer. Till when? Till Kingdom come? When will he finally realize that no
one will outbid me in the foreseeable future, and he should honor the ad?

Think of an eligible maiden in a small village. I'll marry the man who
offers me the best dowry, she promises. So all the men offer their
dowries, and after a month has passed, they're still awaiting her decision.
But she refuses to marry any of them. A better ofer might yet come
along...perhaps from another village. In other words, I'll honor the best
offer...if I am satisfied with it. If I'm not, I'll keep telling you I'm
still open to offers, no matter how much time passes.

Hey--If you won't sell below a certain figure, say so. Don't get everyone's
hopes up. That's the EBay way, and it's the right way.

--

 tom [EMAIL PROTECTED] wrote:
Maybe best reasonable offer might more accurate. I've always thought of
it as meaning the seller has a price in mind, but
is open to lower offers. I've never thought of it as dishonest.

Paul Franklin Stregevsky

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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread tom

[EMAIL PROTECTED] wrote:
 
 Writing OBO without stating a time limit or mentioning that there is a
 reserve figure in mind is dishonest because in the absence of these
 conditions, the seller can keep refusing the highest offer indefinitely,
 explaining, I'm still waiting for a better offer. 

Hmm. I see your point, and agree that it may not be the ideal way to
sell something, but I fail to see where the dishonesty lay. I guess I've
always just thought  $500 OBO is biz-speak for I think $500 is a fair
price, but I'm not sure what the market value is and am open to other
reasonable offers.

I don't see any intent to deceive...I guess I think of a private sale
more as a negotiation rather than an advertisement for goods like you
see in a magazine, and the OBO clause just allows haggling room.

 His ad said, or best
 offer. Till when? Till Kingdom come? When will he finally realize that no
 one will outbid me in the foreseeable future, and he should honor the ad?

I didn't see the original ad you're referring to, so maybe I'm missing
something. Anyway, if you bid the price he asked, he *would* honor the
ad. If he didn't, then *that* would be dishonest, obviously...

tv
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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread Tom Rittenhouse

I've always translated that to best acceptable offer.
IMHO, a seller has no requirement to accept any offer, even
a full price one until he says sold.  However, I feel that
if he does not take an offer when offered it is subject to
being withdrawn without notice.
--Tom


[EMAIL PROTECTED] wrote:
 
 I've always had a problem with classified ads that say xxx dollars or best
 offer (OBO). Let's say the best offer is $20. Will the seller sell? Of
 course not!
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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread Paul . Stregevsky

Chris,

I have no problem with or best reasonable offer. It's the seller's
prerogative to define what's reasonable.

Nor have I ever submitted an offer to an OBO ad and had my offer rebuffed
indefinitely. It's simply been a longstanding pet peeve of mine. I would
never lowball a seller in the hope of being the only bidder. When I make an
offer, it is already in line with the documented market value; I usually
provide current URLs to dealer sites to prove it. Of course, my offer takes
into account that one expects to pay a bit less when buying from an
individual. But not far less.

When I was 13, I entered a contest to win an eight-track tape player. There
was no limit to how many entry forms one was permitted to fill in and drop
in the contest box at the store. I went there with a couple hundred
name-and-address labels, licking and pasting them onto the entry forms in
rapid succession. I won.

The next time the merchant held such a contest, the entry form said, The
use of address labels is not permitted. But he didn't disallow my entry
forms, which I had submitted in good faith.

I'm reminded of the Seinfeld episode in which Jerry goes shopping with
Elaine to buy himself a chic sportjacket at a chic men's clothing store.
After Jerry buys the jacket, the salesman asks Elaine for a date, and she
accepts. Jealous, Jerry returns to the store the next day to return the
jacket.

May I ask the reason you wish to return it? asks the woman in Returns.

My reason? says Jerry. Spite.

Just a moment. The woman repeats their exchange to her manager; we hear,
[buzz buzz buzz buzz] 'Spite'. Then the manager walks up to Jerry and
says, I'm sorry, we cannot accept a return based on spite.

'Fine, says Jerry, I decided I don't like the material.

I'm sorry, intones the manager, You've already confessed that your
reason is 'spite'.

Look--If you have an unconditional policy, and it backfires on you, don't
slap conditions on it as an afterthought. Learn from your mistakes and next
time, include conditions. That's what a Seattle-based chain of department
stores did. It was known for having the most generous, no-questions-asked
return policy; perpahs it was No questions asked. Well, the chain was
losing enormous sums of money because teenage girls would buy an
expensive dress a few days before the prom or homecoming dance, then return
the dress the day after the dance because it didn't fit.

Today that chain of stores will still take a dress back, no questions
asked. But the tag must still be attached. They were burned by their lack
of foresight, and they've learned from their costly mistake.

My point is: Don't punish the buyer because you, the seller, didn't cover
all your bases.

Now that I've read Tom V's example--$500 or best offer--I have another
question: Does that mean, or best offer a bit below what I'm asking? Or
does it also include offers above what the seller is asking?

Let's say somone advertises a lens that many of us would want: a Pentax
85/1.8K. The price? $500 or best offer. The ad appears on a Tuesday, and
you immediately send an email saying, Yes, I'll take it for $500. As soon
as I hear back from you, I'll get a money order from the bank and mail it.
He says, Great! I wasn't expecting to get what I had asked for.

Is the lens yours?

If you say, Yes, then suppose a collector in another country notices the
ad a day later. He immediately sends an email, saying, I'll pay you $600!

Who should get the lens?

At least three of you have now written that you have always understood
best offer to mean best reasonable offer. Frankly, I'm stunned. In the
world I inhabit, an unconditional statement means unconditionally.


Chris Brogden [EMAIL PROTECTED] wrote:

What prompted this, Paul?  It sounds like you missed out on a real doozy
because of a seller holding out for more money.  What's up?


Paul Franklin Stregevsky

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RE: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread Peter Smith

Tom Rittenhouse wrote:


 I've always translated that to best acceptable offer.
 IMHO, a seller has no requirement to accept any offer, even
 a full price one until he says sold.


Tom

I think that a full price offer completes a morally if not legally binding
contract. The only out the seller would have would be that he has already
agreed a sale to a prior offer or the buyer fails to come up with the
consideration in which case the buyer is in breach.  Or Best Offer ( Or
Nearest Offer- ono in UK) has no such bind.

Think of a bartering situation - each offer is just that, an offer, and each
party counter offers until the opposite party says Yes OK at which point a
contract is made.  If no one says Yes OK to an offer then either party can
walk away.  An advertised price is an offer to which the other party can say
Yes to thus completing the contract.

Peter

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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread William Robb


- Original Message -
From: Subject: RE: Or Best Offer: a misleading--and
dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

It seems to me that once the seller has agreed to see something
to a person, he is morally at least, and possibly legally
obligated to see it for the price he agreed to, even if a better
offer comes along.
I have sold a couple of items to list members in the past year,
and facilitated another transaction by posting a for sale on the
list.
In retrospect, I should have waited longer to reply to potential
buyers, as I could have made substantial profit by waiting.
However, Once I said I would sell at a certain price, then as
far as I was concerned, I had made a deal, and was obligated to
sell.
That is the way it should be done.
I have always thought that best offer means best reasonable
offer. If someone makes a ridiculously low offer, then the
best offer would be to keep the product for ones self.
William Robb

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Re: Or Best Offer: a misleading--and dishonest--phrase [was: FW: Ricoh / Pentaxsystem]

2001-04-23 Thread Tom Rittenhouse

Legality, is between him, you, and the law. If you say I
will give you $X, and he says, OK then he is legally
obligated to sell it to you at that price, and you are
legally obligated to buy it at that price. Please note: It
is the fact that the two of you have made an agreement that
makes it a legally enforceable contract.

Morals, are between him and God, or at least him and the
church.

Ethics, are between him and his conscience. If he has no
ethics I don't really care to do business with him anyway.

Ethos, (how come ethos is never mentioned) are between him
and society. violating ethos usually results in some degree
of ostracism. For instance, His word is no good, don't do
business with him.  This seems to be what most of those
posting here are are referring to.

Is this pedantic enough, do you think? grin
--Tom

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