Making Offers

[Deleted member 70408]

I would like some opions regarding an offer I made on the Forum. Someone listed a name under the offers wanted section on 7/7. That day, I responded via PM, "I offer $xxx for 24 hours." He did not respond until yesterday morning 7/10 - 3 days later and 2 days after my offer expired.

Am I obligated to purchase this name from him since he didn't accept the offer in the time I requested? He didn't even respond to my PM (If he had asked for a couple days to think about it, I would have considered it). He posted on the forum on 7/8 and I see the read receipt says he opened it, so I know he received my message before yesterday's PM to me.

I put a condition of 24 hours on my offer for two reasons. First, I don't like it when people take an offer and use it as leverage to get a better deal. This is a smart business practice, but as a buyer, I obviously don't want the seller to use my offer to try and find a better deal Second, I am in the market for different names and computer upgrades, so if I don't put a condition of 24 hours on the offer, he could get back to me days/weeks later and say that he accepts my offer. If my financial condition is different down the road, it is possible that I couldn't afford it later.

What are your thoughts?

 

[JEsports]

I think what you stated here put the nail in the coffin "I offer $xxx for 24 hours." It is obvious that you were very upfront in saying that your offer was good for a set amount of time.

I realize as well, that some people do get busy and can be away for a while .. however if your logs indicated that he read the PM in the appropriate time frame .. then you should by no means be obligated to purchase the domain after your offer of 24 hours expired.

Also, in general practice ... Any offers for a domain do not last forever, and offcourse there is no "SET" time frame for an offer (unless stated as you did upfront) ... But in general, If i made an offer for a name .. and it took the seller two weeks to accept it without any response or pm stating they were considering the offer .. then I would not feel obliged to purchase the domain if I no longer wanted too.

 

[scrsteven]

You are not obligated to buy the name at all, and I would submit a reduced offer if you like the name.

 

[Ubiquitous]

Even if you offered to buy it for xxx in the next 24 hours it's still not a binding contract.

 

[Deleted member 70408]

Even if you offered to buy it for xxx in the next 24 hours it's still not a binding contract.

Agreed, but it is more a matter of principle and reputation. A person could post "sold" in the fixed price section and not be legally bound to follow through with the purchase, but if he doesn't, other sellers may be wary of the buyer.

 

[jasdon11]

You acted correctly and are under no obligation, moral or legal to buy the name.

Jas

 

[Ubiquitous]

Agreed, but it is more a matter of principle and reputation. A person could post "sold" in the fixed price section and not be legally bound to follow through with the purchase, but if he doesn't, other sellers may be wary of the buyer.

Definitely true. Although that's why some people only go through escrow to avoid such situations. If someone posts "sold" the transaction is usually agreed upon for a set price. If someone decides to make an offer of xxx and buyer #2 makes an offer of xx with a trip to DisneyWorld does that make the seller obligated to take the xxx offer? Without terms spelled out anything can happen and it's really just a matter of two people being able to reach an agreement they are both happy with.

 

[dcristo]

You have every right not to commit to the purchase.

 

[Deleted member 70408]

Thanks everyone. I PM'd the seller and let him know. If he has any issues with the response, I will point him to this thread.

 

[fatter]

I agree no obligation whatsoever to buy, even if he didnt check his PM's, I usually put a time limit on offers to sell also, not good having open end offers out there.

 

[Bob]

You have no obligation to follow through with the purchase. You made an offer with a condition, and the seller did not accept the condition.

-Bob