qube 3568 Report post Posted July 5, 2015 um.. i just clicked buy now on something from trademe it was listed for $1 reserve and stated in the ad but seller has accidentally put $1 buy now on it as well so i thought what the heck and clicked it. (i dont actually mind paying the proper value for it) i remember a story back few years ago about a dealer who put a bmw for sale as $1 reserver but accidentally put $1 buy now also and so the person who clicked it actually picked it up for a dollar. so whats the rule regarding this? would be hilarious if i do get it for a dollar but i wouldnt be suprised if the seller doesnt even get in contact lol.. Quote Share this post Link to post Share on other sites
huff3r 347 Report post Posted July 5, 2015 It is a legally binding sale. Quote Share this post Link to post Share on other sites
qube 3568 Report post Posted July 5, 2015 they guy just emailed me first (i didnt make any contact yet) and said it was his mistake and he will be contacting trademe. lol.. i dont want to be a d*ck or anything about it but afaik i can actually (legally) buy this for a dollar right? hahaha still cant stop laughing about it. too funny.. not so much for him... Quote Share this post Link to post Share on other sites
huff3r 347 Report post Posted July 5, 2015 Might be some escape clause about genuine mistakes? Quote Share this post Link to post Share on other sites
_ethrty-Andy_ 2122 Report post Posted July 5, 2015 depends if you want to proceed knowing you have taken advantage of the guy or not. law is law, but there is always a provision for ethics first in peoples own minds Quote Share this post Link to post Share on other sites
JoKer 58 Report post Posted July 5, 2015 as far as I'm concerned you only buying the right to contact them ie their email address (think bout that for a tic) that goes for aaanything on the site the $$$ are fairly inconsequential but do hold some 'value' in the fact that you 'agree' to the price or 'offer' more than anyone else who has seen the listing then have the sellers contact to go with it My names jared & thats my story but yea, good luck with that but now you at least have their contact (impossible to reneg on the contact details been sent to each other imagine a list of all the BimmerNZers names & trademe accounts allowing the bypassing of all tm 'fee's ( or a larger scale whole cities etc 1 Quote Share this post Link to post Share on other sites
qube 3568 Report post Posted July 5, 2015 ^thats not really correct, by bidding or accepting a fixed price offer or clicking buy now, you are entering an agreement to purchase at the said price, not buying the right to contact the seller. If it was, then there would be no reason to have prices for things except an indication of expected value. You wouldnt click buy now for something $500 and then email the guy saying yea ill give u $450. thats not how it works. no idea what you're saying in the second half of what you wrote, sorry jared anyway, im just gonna reply the guy saying what kind of price he wants for it and see if we can agree on a price. its not like im gonna take this to the disputes tribunal or anything like that. as andy said, ethics comes into play and i also believe in some sort of karma, what goes around comes around. so yeap thought it was quite funny anyway Quote Share this post Link to post Share on other sites
qube 3568 Report post Posted July 5, 2015 like i said, someone bought a bmw down in CHCH for a dollar and flew down from auckland or something to get it. it was all over the news etc and the dealer was just like haha it was our mistake so oh well. Quote Share this post Link to post Share on other sites
JoKer 58 Report post Posted July 5, 2015 good PR TM sells email addresses for their fee's you agree to the price before you get the email address doubt this will "go through" Quote Share this post Link to post Share on other sites
tintop 10 Report post Posted July 5, 2015 Legally binding? Not likely. The bullshit TradeMe put up before you put your bid in is exactly that. The seller made a mistake, you aren't getting the item for $1. You aren't going to spend good dollars in the district court fighting for it either. The dealer that sold the car for $1, got far more publicity than they could have bought for the measly profit made on that trade in by honoring the deal and it going all over social media and the newspapers. 1 Quote Share this post Link to post Share on other sites
kingkarl 136 Report post Posted July 6, 2015 (edited) Contractual mistakes act is the relevant law- a) you entered into the contract aware of the sellers mistake fulfillment of the contract would result in a substantially unfair exchange of values So you're gonna struggle to win that one in court. Perhaps try to find a middle ground with the guy, he might be ignorant of his position and therefore happy with a compromise. Edited July 6, 2015 by Stonebread Quote Share this post Link to post Share on other sites
qube 3568 Report post Posted July 6, 2015 Some good points made here. Hes emailed me saying he made a mistake (obviously) and i replied asking him what he wants for it to try and negotiate a deal. I wasnt gonna try at fight for it just thought it was a bit of a laugh. 2 Quote Share this post Link to post Share on other sites
HSB 282 Report post Posted July 7, 2015 My names jared & thats my storylmaaaaaaooooooooooooooo 2 Quote Share this post Link to post Share on other sites
Dn540 67 Report post Posted July 7, 2015 As others have said, It's a legally binding contract to buy. However, in this case both parties obviously understand it was a mistake haha. The thing about Trademe that really pisses me off is they sold their soul when they sold the original company. They literally do not care what happens as long as they get their fee and no one is trying to get around that fee. If they don't get their fee or they find you trying to avoid it, may baby jesus have mercy on your soul. I've had numerous purchases that were legitimately purchased for reasonable amounts, only for the seller to sell it to someone else (after the auction has closed). Trademe just reply with a "tough sh*t" generic answer. I've also had a couple of trades where the seller has done a runner with my money and neither the Police or Trademe really care. Bought a gearbox up north a few years back, had the guys address, two of his car rego numbers, workplace etc only for the officer "investigating" it after months of following up with him to cold shoulder me... but that's a whole 'nother box of frogs. Another is the auctions where reserve is met, numerous bidders, only for a couple of days until bidding closes the auction is withdrawn. Trademe gets their withdrawl fee, they don't care. Bought some AMG Aero 3's last month, paid the guy then after weeks of messing around he refunded me my money and gave me some story about how he couldn't sell them anymore... in other words he sold them to someone else. Basically, unless you have loads of money to take them to small claims and a small team of PI's to locate them... TM is just a place that relies on peoples good will and ethics. 2 Quote Share this post Link to post Share on other sites
Michael. 2312 Report post Posted July 7, 2015 I think ultimately people just don't take Trade Me that seriously. If it was a live auction house with goods sold under the hammer that would be another story! 1 Quote Share this post Link to post Share on other sites
qube 3568 Report post Posted July 7, 2015 (edited) TM is just a place that relies on peoples good will and ethics. I bought something for nearly $900 through auction and the seller sent me legitimate looking emails and was very nice about it all and i paid the money plus shipping. few days later i get an email from trademe saying that they have reason to believe the seller isnt genuine (he had around 20 or so good feedback but was only since april this year) and asked me if i had received my item. Obviously I didnt, and seller had stopped replying to emails too. Basically trademe said they cant do sh*t and I need to go to the police and lodge a complaint. I didnt bother because something similar had happened before and police didnt do jack. I didnt wana waste any more time and just took it as a lesson to avoid new users (even with positive feedback) and to try to buy local with pick up rather than shipping. That being said, ive bought lots of things through trademe from people all over nz and i think after 500 or so trades, a couple gone wrong is not too bad, despite the largish amount. Its way too easy to make a new account, buy or sell a few things to build up feedback, even getting address verified is easy with fake addresses, and you could list say 10 iphone 6's for $1 res or $500 buy now and you would have $5000 in your account in a week then gap it. what a shame that not all people rely on good will and ethics edit: regarding original post, the seller said he wants to run it as an auction so i said thats fine. all good Edited July 7, 2015 by QUBE 1 Quote Share this post Link to post Share on other sites
