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NSW Australian Consumer Law - Was There an Implied Agreement of Sale?

Discussion in 'Australian Consumer Law Forum' started by Cmdhit, 13 November 2015.

  1. Cmdhit

    Cmdhit Active Member

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    An offer of $300 was made, date for pick up provided by seller. Does that mean the offer was accepted under Australian Consumer Law? Was that an implied agreement made by the seller to the buyer? I.e. has a contract been entered by both parties to the sale of item for offered price?

    Is a $300 item worth taking to small claims tribunal?
     
  2. Cmdhit

    Cmdhit Active Member

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    Need to add:
    Seller denies accepting offer, only offering pick-up date.
    Buyer has gone out to pick up on given date assuming offer accepted.
     
  3. Tim W

    Tim W Lawyer

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    Have you paid yet?
     
  4. Cmdhit

    Cmdhit Active Member

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    No money changed hands
     
  5. Tim W

    Tim W Lawyer

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    Are you the buyer or the seller?
     
  6. Cmdhit

    Cmdhit Active Member

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    The seller in this case.
    Advertised on Gumtree and hoping for a reasonable negotiated offer.
     
  7. Tim W

    Tim W Lawyer

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    In this case, I'd argue that, absent any express (not implied) conditions
    such as "unless sold prior" or "unless I get a better offer beforehand",
    by setting a pick up date, you have indeed done a deal.

    Lawyers call this "acceptance inferred from conduct".
     
    Louise4007 likes this.
  8. Cmdhit

    Cmdhit Active Member

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    But if the roles were reversed, which eventually happens, is outright agreement required? Or can actions imply acceptance?
     
  9. Cmdhit

    Cmdhit Active Member

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    Ok just saw your reply....
    Is it worth going to small claims for the buyer? Is there a fair way to negotiate? Should I complete the sale or have I burnt that bridge?
     
  10. Tim W

    Tim W Lawyer

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    Let's talk about what's really happening here.
    You've had an offer, but you want to play this buyer off against any better offer that you might get.
    Too late, I say. By agreeing to a pick up date, the deal is done.
     
    Louise4007 likes this.

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