Legal question

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  • yanks12025
    Senior Member
    • Jan 2006
    • 3118

    Legal question

    So I got a email yesterday offering some bats. One was listed at $50 so I sent a email right away saying I'll buy it. I called and confirmed I'll buy it for $50 and he said deal and said he'll send a invoice soon. He wrote back to my email confirming a deal. So I sent a email asking about invoice last night but recieved no reply.

    Now I found out today he sold it to someone else for $250 even after we agreed on the deal and I confirmed price. My email saying I'll buy it and he writing back saying deal should be a binding contract. Should I fight this?? This stuff is not right. I wouldn't be surprised if another member is the one who bought the bat.
  • Jags Fan Dan
    Senior Member
    • Apr 2007
    • 1638

    #2
    Re: Legal question

    Most of us on here have probably had the rug pulled out from under us a few times. My advice would be to let it go. Legally, you may have some ground to stand on. But in my opinion, when you haven't had anything stolen from you, you are not out any money, I walk away. Not happily, but I walk away. From a legal stand point, how much time and money are you willing to throw into the pursuit of a $50-$250 bat?

    Comment

    • Skizzick
      Senior Member
      • Mar 2011
      • 287

      #3
      Re: Legal question

      You got nothing there. An email isn't a binding contract, and he could always come back and say somebody else sent those emails from his account. The guy is a jerk for doing it, but by no means is what he did legally reprehensible. Win some, lose some.

      Comment

      • yanks12025
        Senior Member
        • Jan 2006
        • 3118

        #4
        Re: Legal question

        Originally posted by Skizzick
        You got nothing there. An email isn't a binding contract, and he could always come back and say somebody else sent those emails from his account. The guy is a jerk for doing it, but by no means is what he did legally reprehensible. Win some, lose some.

        I'm not sure if that information is totally correct. Reading over arictles online, it says emails can be considered contracts. Plus the guy and I dicussed on the phone and referred to the email.

        Comment

        • Skizzick
          Senior Member
          • Mar 2011
          • 287

          #5
          Re: Legal question

          Originally posted by yanks12025
          I'm not sure if that information is totally correct. Reading over arictles online, it says emails can be considered contracts. Plus the guy and I dicussed on the phone and referred to the email.
          It all depends on the language of the email. Unless both of your emails are formatted to represent mutual consent to the sale, I doubt a court would make a judgement either way. Besides, what could you actually sue for? You were going to pay him $50 for a bat that was worth more, and therefore he is obligated to give you back fair market value for a bat that he owns/owned?

          Comment

          • ndevlin
            Senior Member
            • Mar 2008
            • 1362

            #6
            Re: Legal question

            The Bruce Wayne bat? I'd just let it go and move on....

            Comment

            • 1929tudor
              Senior Member
              • Oct 2010
              • 436

              #7
              Re: Legal question

              You want to go through that for a 50.00 item? Your not out any money that he took from you just a deal that didn't happen. Let it go and find another bat. Could have been worse, you could have paid him and he didn't send the bat and then you found out he sold it to the other guy for 250.00 and now he has your money and his. I have lost a few deals where the guy backed out or sold to someone else like that and it isn't worth the headache especially for a low end bat. Just my opinion.

              Comment

              • metsbats
                Moderator
                • Nov 2005
                • 3840

                #8
                Re: Legal question

                Yanks

                Pls email me.

                Thanks
                metsbats86@aol.com

                Always looking for 1973,1986,1988,1999,2000,2006 game used Mets post season and Bobby M. Jones and Ed Hearn NY Mets game used bats.

                Comment

                • danesei@yahoo.com
                  Senior Member
                  • Feb 2014
                  • 1018

                  #9
                  Re: Legal question

                  FWIW, my understanding is that emails of a very specific format, may be admissible, however, it's highly unlikely that your emails fell into that category.

                  This is the most straight-forward article that I've seen on the topic:

                  The Federal E-Sign Act is broad, yet contracts signed with a digital signature could be challenged if certain conditions aren't met. Here's how to make sure your e-signature is valid.

                  Comment

                  • staindsox
                    Senior Member
                    • Jun 2006
                    • 777

                    #10
                    Re: Legal question

                    I emailed about the same bats right away and he told me he would invoice me as well. Would you expect anything less from Scot Monette?

                    And I guess he is going my Scot Monet now.
                    Always looking for Jack Hannahan or St. Paul Saints gamers:

                    www.jackhannahan.webs.com

                    Comment

                    • flota89
                      Senior Member
                      • Jul 2009
                      • 863

                      #11
                      Re: Legal question

                      Same here. He said I'd get an invoice yesterday. Still waiting.

                      That makes at least THREE people who were told they were getting the SAME bat. How can this happen?

                      I know I emailed him within a minute of that email arriving. I felt that I should tell him that he had a Sosa bat so I was up front with him ... But it's not my fault that he didn't know that. A deal is a deal.

                      -Tyler
                      Collecting Cardinals jerseys and bats, with a focus on Yadier Molina, Matt Holliday, and Adam Wainwright.

                      Tyler
                      flotaboys@hotmail.com

                      Comment

                      • hfd0035
                        Senior Member
                        • Aug 2011
                        • 189

                        #12
                        Re: Legal question

                        Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

                        Greg

                        Comment

                        • flota89
                          Senior Member
                          • Jul 2009
                          • 863

                          #13
                          Re: Legal question

                          Originally posted by hfd0035
                          Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

                          Greg
                          Scot asked me when I talked to him who I thought the bat belonged to. I'm sorry, but I'm not going to lie (even if it's in my best interest to). I was not told a price of $250, so that isn't me.

                          I also only was told I was getting one of the bats. Don't know about the other.
                          Collecting Cardinals jerseys and bats, with a focus on Yadier Molina, Matt Holliday, and Adam Wainwright.

                          Tyler
                          flotaboys@hotmail.com

                          Comment

                          • seanbaseball
                            Senior Member
                            • Aug 2014
                            • 792

                            #14
                            Re: Legal question

                            Originally posted by hfd0035
                            Well we see who caused the price change... Anyone here actually getting the bat at $250 or was that price raised as well? There were 2 Bruce Waynes if I remember correctly

                            Greg
                            Tyler did the RIGHT thing! Is everyone really upset they didn't make $200 profit! They guy should have honored his first deal and that makes him less than honorable, but lets not blame someone that informed him!

                            Comment

                            • hfd0035
                              Senior Member
                              • Aug 2011
                              • 189

                              #15
                              Re: Legal question

                              Originally posted by seanbaseball
                              Tyler did the RIGHT thing! Is everyone really upset they didn't make $200 profit! They guy should have honored his first deal and that makes him less than honorable, but lets not blame someone that informed him!
                              It was more of a joke Seanypoo. You dont have to yell at me with all these exclamation marks. You sound more upset than all of us and Im not a reseller. You know, for the sports guys we are, Im just not used to all this sensitivity.

                              Im not blaming anyone, just asking who got the bats and what price. I was offered the bat as well.

                              Tyler, sorry if I offended you with that comment.

                              Comment

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