Fair to change ad from sale to auction?

I don't think this is even a question...sure you like the other offer it's higher...and yes the other guys a jerk because he won't meet that offer...I am not suprised to hear this...I look at the way things are going in the world and it sure has changed (having grown up during the end of the depression)...If I see an item for sale contact the seller to buy at his or her price...I think thats all thats needed...I also have always taken OBO to mean you are willing to go LOWER not HIGHER...Doing the right thing is good for your well being...it gives you that feeling "hey I did the right thing" ...and thats what I think you should do...first come first served...thats what this site is all about...finding items used at a price that you could otherwise never own...Good Luck its one you have to search your feelings to see if the extra money is worth it.

Free market economy....Is it rude, by all means. If the seller has not agreed to a sale, then all is fair. Simply my sending an email saying you will pay the asking price does not conclude the transaction, this does not enter anyone into a contract. Once money is sent or a sale is verbally agreed, this is a much different matter.

For myself I am a private individual not bound by the "normal" bars of running a business. Would I do something like this, no. Do I think it's wrong, yes. But I would get over it and move on.

I have the right to refuse a sale on any basis I see fit. Simply by listing an item does not enter me into a contract with anybody with an email account. I have the right to cancel the listing at any point in time, to reduce or increase the price.

I also have the right not to deal with someone whom does this.

Just the other side.

Marty

You can do whatever you want. You can change your mind a half dozen times if it suits your purposes. But there are consequences to your actions and the decisions you make today can comeback and haunt you tomorrow. It sounds corny, but the best bet is to treat people how you would like to be treated.

This thread is a reassuring reminder of why I do enjoy most of my transactions generated through this site. To most folks here the answer is plain and simple. Very nicely stated Listener57. My thoughts exactly Onhwy61. Ultimately you certainly can do anything you damn well please, and disregard other people for the sake of making a few more bucks if that's how you want to conduct yourself. You can argue right and wrong, quote black-letter law or the Audiogon guidelines, declare yourself a business or just a poor lonely individual.....or declare diplomatic immunity if that wets your wick. In the end it's just WHAT YOU DO that really matters, and what YOU must live with. I believe strongly that you get back from the world just what you put out into it.

Marco

Implicitly an offer to sell at a stated price and containing "obo", such as $1000 obo, means the first person to accept at $1000 has formed a contract by giving the required acceptance. The obo portion means that if an acceptance is not received on the sellers terms, then the seller will take the best offer short of the stated offer. Any proposed offer which differs from the sellers terms becomes a counter offer. For example, if a potential buyer emailed and said, "I accept your offer if you include shipping" or "I accept subject to my spouse's approval," are all offers which become counter offers and put the power of acceptance back to the seller. If a buyer did not vary the terms of the offer, then the buyer has the power of acceptance subject to a prior sale. If the buyer is the first to respond and has truly accepted with no counteroffer, then one should sell to the first to accept the offer. At the time of acceptance a contract has been formed.

I recently had a seller make an offer, then when I accepted, he refused to sell even though I was the first to accept on the same terms as the offer. Instead of providing any reason why, he simply refused to acknowledge me with any further emails. After numerous emails over 4 days and no response, I left him negative feedback. Of course, he retaliated by leaving me negative feedback. This was a real disppointment as I feel Audiogon is a great forum. I have bought several items without a hitch as well as received great advice. To conclude, I got the impression that the seller felt he did nothing wrong and that he was right to just ignore me in hopes I would go away because he had second thoughts on selling the item.