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unbiased opinion on transaction...

PostPosted: Thu Oct 29, 2009 5:43 pm
by mistermikev
for those who don't know I like saltwater corals... and have been in that hobby for years.

I would like to get some feedback afa right and wrong regarding a transaction... I'll try to make the details as generic as possible as to not sway anyone b4hand.



guy B offers guy A $35 for a blue millepora coral that guy A had listed on craigslist for $50. both parties agree that the item is worth $50 and more but guy B is on a tight budget.

guy A says he thinks his price is fair, and would like to give the listing more time to sell, but agrees to meet guy B the following day and sell it for $40 under the condition that guy B will drive to him.

that night guy A receives a message from guy C who offers the $50 guy A wanted and will also agree to drive to guy A.

what should guy A do? Should guy A hold the item for guy B?

Should guy B be angry if guy A decides to sell to guy C?

honest opinions please.

PostPosted: Thu Oct 29, 2009 5:47 pm
by philbymon
Hey, it's all biz, man. Sell it to the highest bidder, while calling to stop guy B from wasting a trip. Tough for him if he gets pissed.

PostPosted: Thu Oct 29, 2009 5:51 pm
by mistermikev
hmm, interesting. interested in a number of opinions on this so I'm not giving anything away yet but...


if you had to guess what guy would I be?

PostPosted: Thu Oct 29, 2009 5:56 pm
by jimmydanger
A verbal agreement can be binding in some courts, but the cost of pursuing the matter would be prohibitively high.

Interesting that you collect modern corals; I collect fossil (extinct) corals.

PostPosted: Thu Oct 29, 2009 5:58 pm
by philbymon
I'd guess you are guy B. If not him, then guy A. If neither of those, I'd guess you're a casual observer...

PostPosted: Thu Oct 29, 2009 6:14 pm
by mistermikev
jimmydanger wrote:A verbal agreement can be binding in some courts, but the cost of pursuing the matter would be prohibitively high.

Interesting that you collect modern corals; I collect fossil (extinct) corals.


hm, verbal agreement... many things to consider here:
would you say that by setting a meeting time and agreeing to sell for $40 guy A had made a verbal contract not to sell in the meantime? what if guy A says "I'd like to meet tomorrow at 12, otherwise we can meet saturday, but I'm not holding the item in the meantime... does this change things at all?
should guy A be obligated to call guy B and give him a chance to pay the original price?
what if guy B had backs out at the last minute?

"I'd guess you are guy B. If not him, then guy A. If neither of those, I'd guess you're a casual observer..."

interesting. so if not a or b then c... hmm

PostPosted: Thu Oct 29, 2009 6:18 pm
by mistermikev
jimmydanger wrote:A verbal agreement can be binding in some courts, but the cost of pursuing the matter would be prohibitively high.

Interesting that you collect modern corals; I collect fossil (extinct) corals.


equally fascinating. I know it's just another level of dorkdom but it absolutely fascinates me. most saltwater coral is actually carnivorous... it's painfully obvious with things like anemonies but not so with acropora, feather dusters, etc.

for instance, this guy here:
Image
is a carnivore



I don't know much about the fossils... am curious of how dif coral of the past would be form coral of today.[/img]

PostPosted: Thu Oct 29, 2009 7:11 pm
by jimmydanger
There are two major types of corals that are now extinct: rugosa (http://en.wikipedia.org/wiki/Rugosa) and tabulate (http://en.wikipedia.org/wiki/Tabulate_coral). Rugosa corals are often called horn corals since they look like a horn of plenty. Tabulate corals get there name from the large colonies that look like tables. Living in Michigan I am able to collect both types since there is a large outcropping of Devonian limestone up north.

Yeah I'm a nerd, I'm into paleontology and astronomy, but I also develop software and I play a mean guitar.

PostPosted: Thu Oct 29, 2009 7:30 pm
by mistermikev
yeah, I know u r a soft developer... me too... we dorks must stick together around here!

I guess the old saying is true: geeky minds think alike!

PostPosted: Thu Oct 29, 2009 7:37 pm
by jimmydanger
True dat. I envy you living in Arizona, some of the world's oldest rocks are exposed there, along with petrified forests and a meteor crater. My dad's family lives in Scottsdale, I'll have to look you up if I get out that way.

PostPosted: Thu Oct 29, 2009 8:13 pm
by mistermikev
jimmydanger wrote:True dat. I envy you living in Arizona, some of the world's oldest rocks are exposed there, along with petrified forests and a meteor crater. My dad's family lives in Scottsdale, I'll have to look you up if I get out that way.


for sure, def look me up... altho I'm not sure how much longer I'll be here...

I've been to the petrified forest several times b4 I moved out here... it's pretty amazing. the painted desert too... the badlands... unbelievable! I don't know much about rocks but I can certainly appreciate their aesthetic value! Also the cave dwellings here are something to behold.

PostPosted: Thu Oct 29, 2009 9:41 pm
by CraigMaxim
Must be late by now?

But Guy A should sell it to the guy who offered $50, unless he has some personal affinity for the one offering less.

He was above board saying basically that if no one offered the full amount, then he could have it "the next day" for the lower amount.

But someone apparently DID offer the full amount.

What is unjust about taking the full amount? Unless I missed something.

Keep in mind though, that some people may fake the "other" client's existence to bump the price up for Guy B to pay the full amount.

.

PostPosted: Thu Oct 29, 2009 10:15 pm
by gbheil
It's tough to be a man. But a man should be true to his word.
He should also be carefull how and when and with whom he makes agreements.

PostPosted: Thu Oct 29, 2009 10:29 pm
by mistermikev
well folks... I am that man. man a. I did feel guilty for selling this item 'out from under' guy b. I did apologize to him. I did let him know 24hrs in advance.

Had guy b offered the full $50 I would have never even considered selling it to guy c even if he offered more... cause in my mind that is wrong. But in my mind if you go and 'low ball' a guy you take your chances.

Was I supposed to hold it for him, despite never having given my word that I wouldn't have sold it for full pop. What if he changed his mind the next day? Is he held to any ethical principle that he has to buy it? In my mind no. I ask these questions not to justify myself... but I am obviously biased for my own opinion and will strive to follow whatever standard the general public seems to lean towards.

thank you sans, jimmy, craig and philby!


Keep in mind that this item would easily sell for three times that in a store... and my intention was not to gouge anyone in the first place, but to find a suitable home for this living creature. I bought this creature by outbidding others and paying $28 for a 1" frag 1.5 years ago... some stores charge $50 for the sm 1" frag, and it is now a colony of several 4-5" branches.

still, I apologized to the man, and asked that he forgive me because if I were in his shoes I would be disappointed (but not upset).

PostPosted: Thu Oct 29, 2009 10:53 pm
by gbheil
I probably would have held it for him, n got screwed in the end.
If you feel like you did right, thats all that matters.
After all it is as Phil said, business is business.