Consumer Law, Warranties Seller reneging on Facebook Marketplace

[Nattyb52]

Jurisdiction

Texas

Made offer to buy at listed price on Facebook Marketplace. Offer was accepted and because seller was out of town until the weekend she agreed to hold the item for me. When I contacted her today to pick it up she reneged on her sales promise and said she was going to have the item appraised. No money has changed hands. Is there any legal recourse other than a moral obligation for her to sell at the original price?

 

[adjusterjack]

Is there any legal recourse

Sure, you can sue her for specific performance.

Based only on what you are "saying" you appear to have an enforceable oral contract. However, if she says different, proving the terms would be problematic because you have nothing in writing and it will be her word against yours.

Worse, I don't think a judge would enforce your contract since you didn't go out and conduct the transaction face to face.

 

[flyingron]

You can sue her, but you're unlikely to get specific performance unless there is no other equitable relief. However, to even get any sort of relief, you'd have to show that you have a contract, and I'm failing to see that. Even if you had a contract, what is your actual damage from the breach?

What was the item in question?

 

[Nattyb52]

You can sue her, but you're unlikely to get specific performance unless there is no other equitable relief. However, to even get any sort of relief, you'd have to show that you have a contract, and I'm failing to see that. Even if you had a contract, what is your actual damage from the breach?

What was the item in question?

It's an antique Book case/Secretarial Desk. Not a ton of value, just wondering.

We do have an on record message thread where she did agree to sell it to me as quoted below.

Tue 8:50 AM ME
"Hi, my wife Carol Wilson, contacted you about about this item yesterday and you had told her that you would be back on July 6th so we can look at it. We are very interested and would like to buy it. Could you please hold it for us? Jim and Carol Wilson. Thank you.

Tue 8:50 AM HER
Yes, I will hold it for you. We won't get home until late on July 6th, so you are more than welcome to come look @ it on July 7. Thank you!

Tue 11:02 PM ME
Thank you, I will check with you on the 7th about coming to look at it. I can bring cash or pay you with PayPal, whatever works best for you.

Sunday 7:35 AM ME
Hi, can you please send me your address when you get a chance? Thanks

Sunday 10:43 AM HER
Good Morning! I own several antiques & have decided to have them appraised, including the secretary. I will let you know when this takes place (I'm hoping this week). Thank you in advance for your patience, I appreciate it. Happy Sunday!

 

[flyingron]

I'm not sure I see a contract here. It appears all you had was an appointment to inspect it.

 

[Nattyb52]

I'm not sure I see a contract here. It appears all you had was an appointment to inspect it.

I did say the following in the first message, but I don't know if that makes it a contract:

We are very interested and would like to buy it. Could you please hold it for us? Jim and Carol Wilson. Thank you.

Tue 8:50 AM HER
Yes, I will hold it for you.

 

[flyingron]

Neither of those statements indicates a commitment for the sale.

 

[adjusterjack]

We are very interested and would like to buy it. Could you please hold it for us? Jim and Carol Wilson. Thank you.

Which seems to contradict:

"Hi, my wife Carol Wilson, contacted you about about this item yesterday and you had told her that you would be back on July 6th so we can look at it.

There is no question that you DID NOT have a meeting of the minds which is an essential element of any contract.

There is also no evidence of any agreement as to price.

Sorry, you go nowhere with this. Wait until the item is appraised (if she gets it appraised) then go see it, bring cash, and make her an offer.

 

[Nattyb52]

Which seems to contradict:



There is no question that you DID NOT have a meeting of the minds which is an essential element of any contract.

There is also no evidence of any agreement as to price.

Sorry, you go nowhere with this. Wait until the item is appraised (if she gets it appraised) then go see it, bring cash, and make her an offer.

Thank you all for the responses. I appreciate the help.

 

[army judge]

We are very interested and would like to buy it. Could you please hold it for us? Jim and Carol Wilson. Thank you.

Tue 8:50 AM HER
Yes, I will hold it for you.

You asked her to allow you to inspect it, and she agreed to your request.

You indicated a willingness to buy, but no specific offer was made, nor could it have been accepted, because no offer was made.

Those words do NOT a contract make.

Either of you could have weaseled out of the discussion quite easily.