Question

[colwood56]

I am not trying to start anything but have a question that I would like everyone’s opinion on. I'm not sure if I should even write this but here goes anyways.

A person buys some new and used props from a fellow Haunter. The following year they travel 4 hours one way to see his Haunt. He lets them in for free which they thought and still do think it was a very nice jester. While there, they see some props that they again would like to purchase. Asks the Haunter if he would sell the pieces and he responded by saying only if he buys a replacement for it before next year. The potential buyers says let them know. A while later, not sure how much later, the Haunt owner calls and said the pieces are for sale and the couple said they would take it. Ask him if he wants a deposit sent and he said no and just pay for it when you pick it up. The buyer says it won't be till after the first of the year and that was fine with him.

Here comes the problem:
Economy sucks and the buyer loses his job. Factory lays off 120 people and buyer is one of them. Buyer then tells the seller that he can not purchase the props because he needs to think about paying bills and his family’s livelihood. Priority is not the Haunted House at this time and family is. Cancels trip to St Louis and cancels purchase of props.

Seller is livid, tells buyer that he said he was buying the props and should stay true to his word. Claims that the only reason he bought new product was because they were buying the old. Buyer feels bad about it and usually is good on his word but when force to do something that is uncontrollable has no choice.

What would be some of you peoples opinion out there on both sides view point?

Thanks,
Jim

[rwrussom]

Sucks for both parties, but . .

Buyers back out of transactions all the time. This was not a custom order so I don't see where the loss is. If the seller was asking a fair market price from the buyer, he should be able to replace the buyer. Its early in the season, I cant imagine the problem except for the headache and worry of finding another buyer.

[colwood56]

Thanks for repling. I don't get that much on this web sight. Seems like you need to be in a click or something to be involved here.

Problem I have with this seller is I really liked the guy and was hoping to do business with him in the future. This job thing is tempory for me as I always work through these things.

I rather make friends not enemies.

Anyways, Good Day to you.

jim

[michaeldavy]

The buyer solicited the sale and offered to buy the items which were'nt originally "for sale"

That's when the prospective seller should have obtained a deposit for the sale and a letter of intent.
bad business practice for the seller. Who isn't truly a seller with a show room. It is considered an "as is" sale.

sounds like the buyer and seller were "friends" or "friendly"
to that end if the buyer is backing out leaving the seller hanging the "right" thing to do would have been to give the seller a "restocking" or "I'm leavin' ya hangin'"
stipend. regardless of how it may hurt his ability to pay his own bills.
That is, if he truly feels bad
Or he may make installments and take delivery once the installments are complete. Then if the buyer want's to recoup his expense he can turn it around and sell the item - perhaps for a profit. Certainly he thought the item was worth buying. someone else would too.

[Twin Locusts]

Sucks for both parties, but . .

Buyers back out of transactions all the time. This was not a custom order so I don't see where the loss is. If the seller was asking a fair market price from the buyer, he should be able to replace the buyer. Its early in the season, I cant imagine the problem except for the headache and worry of finding another buyer.

The above is right.

Business is business; you didn't sign a purchase order or sales agreement, you were'nt asked for a deposit. This over the phone handshake deal means nothing, you owe the seller nothing, deals fall through.

All this " I wouldn't have purchased new items If it weren't for selling the others to you", is brow beating from a huckster, it means nothing. Stuff happens, if the seller was professional they would have asked for money up front, and or a sales agreement.

[coaster992001]

I think the buyer did nothing wrong. stuff happens, situations change. if the seller wanted to sell so badly then he could have gotten a down payment, worked out some sort of payment plan, or demanded a full payment right up front. also, if the seller is replacing the same prop next year, i advise the seller to look elsewhere for the prop because the seller is obviously marking up the price if they can afford a brand new prop.