I called David to see if I could offer help. He contended that because he had sent an offer to buy the Saab at the listed price on Saabnet.com that the owner had an obligation to sell the car to him. I explained that classified users have not made any agreement with me that they are bound to the prices they list. Also, I encourage sellers who have tons of interest to raise their prices - they should get full value for their Saabs which also helps the entire Saab community retain the value in their Saabs too. Also, I pointed out that the seller had sent out an email to the 45+ people interested explaining he had that many people and would be putting together photos to share and that probably there were at least 20 others who have offered to buy the Saab at the listed price and that maybe David wasn't the first which seemed like big news to him. I also pointed out that not only does David have no assumed contract with any seller just by using the site, he didn't have any email or oral contract with seller either... David then claimed that Saabnet.com wasn't like Bring A Trailer which held auctions, so he had a right to the Saab at the listed price. I explained again that that wasn't the case. Finally, I pointed out that he had made a litigious threat against a Saabnet.com classifieds user. David said it wasn't a threat. Finally, I asked him he was interested in changing his tune because I personally do not like people who bully other people with litigious threats and if not, he would no longer be able to send emails through the Saabnet.com server to classifieds users. He told me that was my decision, so I told him to have a goo day and hung up. He called me back about 10 minutes later with someone else in the background (fake laywer?) and after asking me a few questions, informed me that my call was being recorded to which I told him that wasn't a legal thing for us Californians to do. He was now bullying me directly and I told him basically that I understood what he was doing with his imaginary lawyer and that there was no litigious merit in anything he had to say and that he was banned from Saabnet.com, which he is. Have a read:
"Stan, As you are not responding to my legitimate bid, I have asked my attorney to advise me upon this sale. In his legal opinion if no one has made a prior as asked for offer for the Saab then you are legally obliged to accept my offer. If you do not respond with a time dated offer for the asking price of $5,000 (not a higher bid as this was not an auction) dated prior to my bid then we will hold you responsible for damages equal to or greater than the asking price of the vehicle. We ask that you accept our offer immediately or face legal ramifications."
And then a follow-up email to Stan after I called David:
"Stan, I fielded a call from Scott aka Saabnet regarding my last email concerning my offer to purchase your Saab for the asking price of $5,000 . Although Scott may threaten to bar me from further listings on the site of which I have purchased four vehicles, I remain adamant that If I am not provided the names and date stamped offers of other purchasers for the asking price of $5,000 prior to mine, I will pursue further action. This is not an auction site such as ebay and your ask price was met and therefore the first legitimate bid should be honored. Prove that I was not the first offer at $5000 and all is forgiven. If not then I will move forward on placing a lien on the vehicle. Sorry for all the drama."
I've actually asked Stan to ignore David and to DEFINITELY NOT SELL HIM THIS SAAB!
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