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Old Oct 02, 2012, 12:45 PM
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the ghost is correct. Read up on the legal meaning of "contract" if you need to.

On the count of "promoting" insults to those who breach the law, well, guess what, breaching the law is an insult to begin with and deserves no less than reciprocity. Pick up your act if you don't want to be called a baffoon and run your business in accordance with the law. Especially so when it comes to written arguments such as seen in threads like this one. Libel is one hard case to make when the defendant in a libel case is saying the truth; when the defendant is doing no more than ranting about the breach of a legal contract.

YMMV.

Best,
Chris
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Old Oct 02, 2012, 12:46 PM
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Originally Posted by porcia83 View Post
What is your juris number?

In the alternative, please provide the location of the Holiday Inn Express that you stayed at last night.
I think this is a little out of line. Lawyer, or not, he is correct. While we can sell to whomever we want, a business is not privy to that same luxury. A business can't decide to not do business with a person because they "seem fishy". Hell, a hair dresser was sued a few years back (and the plaintiff won) because they refused to cut an older woman's hair. They didn't do the type of style the woman wanted (they did more modern younger looking haircuts) and the woman sued them for age discrimination and won. Once a verbal or written contract is struck, with a business, it legally has to be followed through.
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Old Oct 02, 2012, 12:47 PM
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http://www.rcgroups.com/forums/showp...4&postcount=15

Did you sue after the seller in this transaction was "tricked" into sending the item to the person who offered and paid for the item?
I think you are confusing purchases between two people and purchases between a business and a customer. Two very different things, IMO.
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Old Oct 02, 2012, 12:52 PM
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I think the all around bafoon title had a much better ring to it, made me lol
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Old Oct 02, 2012, 12:55 PM
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Originally Posted by {}{steve}{} View Post
I think you are confusing purchases between two people and purchases between a business and a customer. Two very different things, IMO.
In terms of legal contracts, it makes no difference. A vendor is simply subject to a variety of additional legislation but a business license has no bearings on the fundamentals of a contract between two parties.

Best,
Chris
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Old Oct 02, 2012, 12:57 PM
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Sorry guys (hey Chris, welcome back) I'll disagree. Nothwithstanding an attempt at humor with the HII comment, I just don't see that ghosts post looks like something an atty would write. Some legal words and phrases, sure, but the rest of it just doesn't flow like that. Contracts can be formed between private and business entities. While there might be a cause of action in some instances that we read about here, the chances of anything being done about it are slim and none.

That the seller in this case would be forced to find another motor for the buyer is just silly. Silly I tell ya.

As my buddy Chris notes, your opinion may vary.
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Old Oct 02, 2012, 12:57 PM
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In terms of legal contracts, it makes no difference. A vendor is simply subject to a variety of additional legislation but a business license has no bearings on the fundamentals of a contract between to parties.

Best,
Chris
Hey, I think we agree on something.
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Old Oct 02, 2012, 01:03 PM
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That the seller in this case would be forced to find another motor for the buyer is just silly.
I agree with you on that...The difference is whether or not it is worth pursuing it in court. I just don't think we should dismiss the OPs actual complaint just because he went about it the wrong way. The bottom line is that ibcinyourc.com is a vendor and should not only adhere to higher standards than typical classified sellers, but he should also be held to them by us.

That said...nobody answered my question from earlier...

Why is ibcinyourc.com permitted to have his company name as his username, and his logo as his avatar, when he isn't a sponsor of the site? BTW...just my opinion, but that is the worst company name ever. I had to read it about 5 times to figure out what it meant.
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Old Oct 02, 2012, 01:05 PM
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While there might be a cause of action in some instances that we read about here, the chances of anything being done about it are slim and none.
You'd be surprised, Sir. The courts of law has its hands tied, really, when it comes to ruling on legal contracts breaches. There are libraries full of this stuff.

Chris
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Old Oct 02, 2012, 01:08 PM
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Is this a remedy available?

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Originally Posted by theghosttanker View Post
Anybody want to hear the facts from a REAL lawyer?

In common language: A deal's a deal. If you can't conform your business practices to that simple premise, you lack integrity and deserve to get sued, insulted, and boycotted so that honest and fair businessmen get your business instead.
See, this is the part that just doesn't sit right with me. Insulted? Saying "a deal is a deal" is so reaching, so very broad, and absent any analysis of said deal, that it lends itself to skepticism.
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Old Oct 02, 2012, 01:13 PM
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You'd be surprised, Sir. The courts of law has its hands tied, really, when it comes to ruling on legal contracts breaches. There are libraries full of this stuff.

Chris
indeed there are, yet another point we can agree on. I think we're on our way here Chris. Steve brings up the salient point however, is it worth seeing it through. The time, effort, cost, and overall aggravation of doing this, with NO certain outcome, well, makes it rare.

And in this litigious society, we hear the term "sue" so often. It's sometimes the first response people have when things go wrong. Could you see this "matter" going forward in reality? I'm saying no. As attorneys can attest to, the courts are overflowing with all types of odd cases.
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Old Oct 02, 2012, 01:22 PM
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indeed there are, yet another point we can agree on. I think we're on our way here Chris. Steve brings up the salient point however, is it worth seeing it through. The time, effort, cost, and overall aggravation of doing this, with NO certain outcome, well, makes it rare.

And in this litigious society, we here the term "sue" so often. It's sometimes the first response people have when things go wrong. Could you see this "matter" going forward in reality? I'm saying no. As attorneys can attest to, the courts are overflowing with all types of odd cases.
We're talking "little people's court" for this. Is it worth going through with it? No, I agree. OP is out 35$ and he would lose more in wages to take a day off to attend court. That would be silly. But the bottom line is that if one desired to go through the legal system for something like this, something would come out of it because at the end of the day, the ghost man is correct. The seller breached a legal contract and he's in the wrong to believe that it is his right to operate his business as such. Small people's court would have to rule against his business etiquette.

Chris
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Old Oct 02, 2012, 01:32 PM
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yes, something would come out of the process, but as any atty would tell you, that outcome is almost never a lock. To many variables.
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Old Oct 02, 2012, 01:36 PM
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i had mentioned to the OP about trying to get his $35.00 back so he could at least be made "whole", and least financially. That's when he noted the forgive and forget comment (the forget part all of us who continue to post are not getting ) and I think it would be great for the seller here to have offered that.

That would be cool to see...........
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Old Oct 02, 2012, 03:05 PM
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Originally Posted by theghosttanker View Post
"Anyone proclaiming to be an atty, that tells a business that they can't run it the way they want to, needs to have their juris number revoked"
Maybe you are a little dim on this....it's the law that says you can't run your business however you want, not the lawyer. And if you think that the centuries of common law regarding contracts and the UCC should be ignored by businessmen without consequence, you're an idiot. That's not an insult if you don't believe it, though.....
Like I said before, IN PLAIN (non-lawyer) language....a deal's a deal. People who can't follow that simple principle of justice and fairness are selfish, dishonest cretins and have no right to complain about the insults that naturally result from their own misdeeds. If you don't like it, man up, follow the law, and quickly and courteously apologize for your illegal breach of contract and do what it takes to make good on your own word. Do the right thing and people don't insult you....do the wrong thing and they do, so quit moaning when you rip somebody off. If you want to run your business dishonestly, illegally, and immorally, be prepared to be treated like you deserve.
Oh my word! First I meant to unsubcribe to this one but forgot to go back and do it. I wish I had now. Ok, there are so many problems with this and the first post by this fellow that I don't know where to start.

Ok, first .. calling someone an idiot is not allowed here on RCG. I would have thought that a "lawyer" would know how to follow the rules.

Second, what you say is just down right wrong in so many ways. You simply cannot make blanket statements like this with respect to law. I'm an engineer but I've been around for a bit so I know that first of all very few laws are so cut and dry as you make it sound particularly in this arena. Here are just a few of the issues (and keep in mind I'm not a lawyer so take all I saw with a grain of sale lol).

Too many things are not taken into account meaning not known to make such a bold statement. Things like the definition of a binding contract in the relevent jurisdition and weather it requires the sale to have a written contract above a certain $ amount, then if the emails would qualify as a written contract (we have yet seen all of their email so neither of us know for sure), what is the relevent jurisdition given this is interstate, private vs business sale, was this a business sale or private given how he sold it yet using his company name in the avatar, how to establish that the contract was in fact a contract and then in breach, etc. Nothing in law is cut and dry, that is why we pay so darn much for lawyers and why sometimes people get hurt who shouldn't and guilty some times get off. Nothing is black and white ... not even a speeding ticket at times . If you really are a lawyer though you know all of this so I'm not telling you anything new.

So what do you say now?
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