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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22177
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was on Facebook last week, saw a printer for sale at

Customer Question

HI I was on Facebook last week, saw a printer for sale at 40dollars. Enquired about picking it up as I thought the seller was nearby. Turns out he was too far for me to travel. So I said that if he still had it in the weekend I'd come and get it. He replied I may do or may not. Then the next day i saw a cheaper printer on Facebook for sale, completely forgetting about the 40dollar one and the lady lived around the corner from me. I didn't save the guys pH number and didn't think to contact him to let him know I had already found one, we'll he saved mine and demanded over the weekend I go buy his printer. When I explained what happened he said he didn't care and that his lawyer had advised him he can take legal action against me and will be able to get more than 40dollars from me. Is this true?
Submitted: 11 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 days ago.

If you completed the sale through the website, by accepting the offer then there is a binding contract. If there was just a discussion and a possibility that you would pick up the printer when you are ready if he still had it then may not be a binding contract. However if he wanted to bring a case against you he would have to bring a claim in the Disputes Tribunal (where lawyers cannot appear) and where he would have to prove that he lost money on the contract for sale. If he sold the printer to someone else for $40 he would not have lost any money, and therefore could not sue you. If he sold the printer to someone else for less than $40 he could see you for the difference if there was a binding contract. From what you say in your question, I am not sure that was a binding contract however

Customer: replied 11 days ago.
HI there is your printer still available? Does it have any ink that comes with it? I am willing to pay 45 dollars pending the view. Thanks joHi there Jo.still available although no ink as never been used and so never needed ink sorryThat's cool I'm still keen to buy. I'm on my way to work shortly but will be back in the morning. After I have dropped my kids off to school in naenae can I come view?Yes mam My address Is*****thorndon.Cool IL be back in the nui around 9ish. See you thenAh mam I'm in thorndon not the nuiOh bugger if you still have it in the weekend IL come pick up. That's a bit far for me during the week sorry.I may do I may not
Good morning JoThis is Michael here, I have been away on buisness so luckily for yourself I have held onto the printer for you. What time can I expect for you to be picking up the printer.
The pick up will be from wadestown
2/139 wadestown RD WadestownMorning I have just finished work. Sorry but I have purchased another printer that was in the wainui area.Well that's not going to work. As this is what you had agreed on.(Oh bugger if you still have it in the weekend IL come pick up. That's a bit far for me during the week sorry.)
This is what you wrote so I have it on your word if It was still here you would pick it up. So I shall see u soon then.I may do I may not is what you quoted..I saw a bargain elsewhere, it was 35 dollars, had ink and it was within the area I live. I chose not to wait until the weekend when I was going to be in your area with the hope that you would still have the printer and miss out on a bargain in wainui. That's life things change, better opportunities come up.Oh well according to my lawyer the way u wrote it is in the way of a contract of legal payment. So I'll get a lot more than $45.00nzd.This is the text messages between us both. Any indication on whether I am obligated to buy it?
Expert:  Chris The Lawyer replied 11 days ago.

I believe from this discussion all you have got to is a proposal to view the machine but not a commitment to buy it. That is supported because he says it may be sold but may not be. So there is no completed contract.

Expert:  Chris The Lawyer replied 11 days ago.

If he brings a claim against you in the disputes Tribunal he will need to prove that he has lost money. Until he sells the machine for less than the suggested price, he hasn't lost any money. He can't claim costs against you in the disputes Tribunal either. So he is bluffing

Customer: replied 11 days ago.
I thought so but wasn't too sure if it was binding or not. I will definitely be more aware of how I message anyone in regards ***** ***** anything over the Internet now. Thank you for your time.
Expert:  Chris The Lawyer replied 11 days ago.

The elements of a contract are offer and acceptance, so that is the key to forming a contract. As I see it, you havent yet reached the offer stage, let alone acceptance

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