Bad Business Practices

Subject: Bad Business Practices
From: Damm3@domain.elided
Date: Thu, 1 Aug 1996 17:56:02 -0400
David,

Sorry about your experience with Pat.  I really cannot help except to let you
know what the law is, generally, in the states with respect to
advertisements.  Legally, they are considered "an invitation to make an
offer."  Thus, when you call on an Ad, you are legally making an offer (not
accepting the "offer" contained in the ad).  The advertiser thereafter has
the right to accept or reject your offer.  As such, given what you wrote
there probably was no contract to buy the car.

In your scenario, though, another concept comes into play that is known as
the concept of "detrimental reliance."  This concept, put simply, indicates
that when you rely on representations to your detriment, you have a right to
reimbursement.  In your case, from what you write, it would seem that you
entered into an implied contract to have the car checked out in exchange,
essentially, for a right of buying the car so long as you could match any
other offers or offer the asking price.   This "understanding"  was based
upon normal custom and usage here in the US.  When you paid the $69.00, you
relied, to your detriment, upon the representation of the seller and your
understanding of the transaction.  You therefore, should have a right to
reimbursement of your cash outlay.

Unfortunately,   the practicality of the situation is that you will not see
the money again and, of course, pursuing the underhanded seller is throwing
good money after bad.  One alternative, if you are REALLY angry is to see if
your state allows you to place a lien on the title of the car for the $69.00.
 Placing the lien is relatively straightforward and inexpensive.  If your
state allows this (you'll need to speak to an attorney in your state) then
the seller will not be able to transfer title until the lien is paid off.
(Wouldn't that be fun!?)  Again, laws differ in every state and what I've
said here may differ in your state.  

I have sold several items through the digest and have had great experiences.
 I always took comfort in the thought that if the buyer/seller is
enthusiastic enough to be on the digest, then s/he's probably allright.  It's
unfortunate that this happened, I suppose no matter what you do, buyer beware
is still the rule of thumb.  All this, of course, won't get your money back
and that stinks.  I'm sorry this happened as it was clearly unfair to you.  

Of course, now comes the disclaimer, anyone reading this post should
understand that it only applies to the situation outlined by David in his
post.  Do not rely on the materials in this post as every situation has
subtle nuances which may change the analysis.  If you have a serious concern,
see an attorney.  

Best wishes,

Dan Martinez

P.S. My experiences with CyberPop have been a bit unconventional.  When I was
selling items, he hedged an awful lot.  Sounds like it may be the way he and
Pat are used to doing business.  I don't know.