Watch seller renaging on sale of watch

[Watchthis]

Made a watch purchase via a well known watch sale platform and seller has messaged saying "don't complete payment as I've agreed a deal with someone else for more money".

Sale price was agreed and I have pressed the "agree to buy" option and literally in the middle of putting my card details in to pay.

Am I right in saying the seller has to complete the sale or will be liable for any costs I incur to put me in the same position I would have been in if they did sell the watch? Sure I read a similar story on here before and the seller got taken to court and ended up being ££s out of pocket

[r3g]

What did the terms and conditions on the watch platform say when you read them? Surely the answer was contained within.

[Jordie Barretts sock]

It'll be in the small print. But I very much doubt you can force anyone to sell you something. I believe it is an invite to trade. And if you are looking for compo, dream on.

The watch site will say they are only an agent to introduce a buyer with a seller, and wash their hands.

Chalk it up, get over your disappointment and move on.

[996Type]

If there is a contractual obligation in place around the offer to sell, “loss of bargain” could apply but it would probably cost more to effect this that it’s worth (based on the value of the watch…)

[Watchthis]

My contract is with the seller, that is who I would pursue, not the selling platform

[CharlieCrocodile]

What costs have you incurred?

[Jordie Barretts sock]

Watchthis said:

My contract is with the seller, that is who I would pursue, not the selling platform

Ok. A private individual I presume?

How are you going to approach this? Because they had no obligation to sell to you. They had no idea you were about to hit the button. Why do you think you have any right to force the sale/be compensated?

I understand your frustration, but you are coming across as a bit 'entitled spoilt brat'

[Wills2]

Jordie Barretts sock said:

It'll be in the small print. But I very much doubt you can force anyone to sell you something. I believe it is an invite to trade. And if you are looking for compo, dream on.

The watch site will say they are only an agent to introduce a buyer with a seller, and wash their hands.

Chalk it up, get over your disappointment and move on.

The phrase you're looking for is "invitation to treat" I'd say the OP needs to understand if the offer had been accepted or not as that will be the binding element and hitting the buy button might not be enough as there has to be acceptance of that offer.

[Jordie Barretts sock]

Thank you. Yes that is what I meant.

Basically the reason you can't insist on buying a car for £ 1499 because the initial 3 has fallen off.

[Wills2]

It's interesting because I don't think that's what has happened here (genuine mistake) it may well be that an offer has been made and accepted even though no money has changed hands.

But I very much doubt the juice will be worth the squeeze in pursuing the matter.

[Watchthis]

Seller made an offer and I accepted, using the official "buy it now" button. I added the certification service for an additional £249 and then got the message from the seller that he had now done a deal privately elsewhere. Absolute red flag as it means the fairly expensive watch may be fake and the seller didn't fancy being rumbled but it seems strange they had the certification as an option in that case.

If the seller was just being a chancing bugger then I'm happy to make him jump through legal rings if I have a strong case. He actually admitted he was selling for more elsewhere which is a bit silly in itself

[Jordie Barretts sock]

If, in the advert they say they have a right to withdraw at anytime because advertised elsewhere, I don't see you have a case. I'm no legal eagle, just playing devil's advocate.

I doubt it's a fake if they are prepared for the authentication service.

Depends how much time you have on your hands (sorry, no pun intended!) and how much money you want to risk losing for no return at all.

[Wills2]

Watchthis said:

Seller made an offer and I accepted,

How was this offer made? Because putting an item up for sale isn't an offer if you're relying on that

[Watchthis]

Jordie Barretts sock said:

If, in the advert they say they have a right to withdraw at anytime because advertised elsewhere, I don't see you have a case. I'm no legal eagle, just playing devil's advocate.

I doubt it's a fake if they are prepared for the authentication service.

Depends how much time you have on your hands (sorry, no pun intended!) and how much money you want to risk losing for no return at all.

No mention of "right to sell elsewhere" and in fact that wouldn't be acceptable anyway once they have sent me an offer which I accepted. Previously before agreeing a deal the seller also offered to meet me in person to sell the watch for a slightly cheaper price (and save them the 6.5% sellers fee) which I politely declined.

It's one of two things. They're trying a scam of some sort or they're trying to back out of an agreed deal to make more money elsewhere.

I can't for the life of me find the thread on here about a similar thing that happened on an auction platform and the seller (the OP of the thread) ended up being taken to court and was made to pay the buyers incurred costs to be put in the same position he'd have been in if the seller had completed on the sale. It turned out a bloody expensive lesson for him if I remember correctly

[Jordie Barretts sock]

I'm guessing this watch is pretty expensive?

Personally I wouldn't bother, but if it was a particular specification and type that you wanted, I can understand your frustration.

Was it particularly rare?

[Watchthis]

Wills2 said:

How was this offer made? Because putting an item up for sale isn't an offer if you're relying on that

I sent the seller an offer, he counter offered and I accepted. All through the official C24 site. Done deal, I was literally in the middle of entering my card details when the message pinged through asking me not to make payment as they had now sold elsewhere. And it's not like there were hours between communicating, this was in the space of around 20mins in total

[r3g]

Watchthis said:

My contract is with the seller, that is who I would pursue, not the selling platform

Unless you can find some law that makes it unlawful for a vendor to change their mind after agreeing to an offer, then you are pissing into the wind with this crusade.

[Googie]

Bit of a guess but due to length might be this thread re loss of a bargain

https://www.pistonheads.com/gassing/topic.asp?h=0&...

[Watchthis]

Jordie Barretts sock said:

I'm guessing this watch is pretty expensive?

Personally I wouldn't bother, but if it was a particular specification and type that you wanted, I can understand your frustration.

Was it particularly rare?

It's not particularly rare, I can buy it from other vendors and it'll be about £800 - £1500 more expensive (dealers rather than private sale). But it is fairly expensive to me and I'd rather not spend that sort of money additionally if I don't have to.

Thing is, I wouldn't renage on a deal with someone so I won't sit back and accept this willingly. If I have a way of pursuing legal channels I will do.

[QuickQuack]

Googie said:

Bit of a guess but due to length might be this thread re loss of a bargain

https://www.pistonheads.com/gassing/topic.asp?h=0&...

First page of the thread is here.

https://www.pistonheads.com/gassing/topic.asp?h=0&...