- Location
- Sedgefield
Deal is sealed with a handshake in my opinion
When’s a deal done?
- Thread starter Machman
- Start date
Cowabunga
Member
- Location
- Ceredigion,Wales
Not in practice though I'm afraid. Not with very many people. Besides which, mistakes can be made and people change their minds before taking delivery. That's how and why 'distance selling' regulations are as they are, with the option to return goods for a refund for no reason whatsoever even a week or two after delivery and even payment.
We live in the real world where the handshake is not what it was, if ever it really was for most people even decades ago. I used to think farmers were a trustworthy crowd until I had to deal with them on a daily basis. The reality is that the vast majority of people are fine but there is a significant minority that have no standards of decency, honesty or trustworthiness. No idea of how to behave in business or socially. Think that everyone is out to cheat them so they cheat everyone else first and think that they can get away with it. There are others that think that paying is optional and something that others do, but not them. Or otherwise decide after the deal that what they should actually pay is not the agreed price as stated on an invoice but an arbitrary price they plucked out of thin air, up to half the agreed selling price. Believe me, I've seen it [almost] all.
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Or not with the current covid Safe guidelines
- Location
- Near Beeston Castle
I shook hands on a Hilux recently, turns out he sold it to 3 people and it was first there with the cash that took it. Waster!
ollie989898
Member
I agree, done deal is a done deal in my view. Would never dare try to wiggle out of it or change prices after the fact. Your reputation can be destroyed in an instant.
In my previous life a verbal agreement was as good as a signed and printed contract. Every deal written in your day book and both parties knew it. Contracts were posted over a few days later. Never had a single dispute with anyone I bought anything off from memory, I did make a clerical error on one contract I remember and got the tonnage slightly wrong but one call to the supplier and they sent me a reprint of the contract and I could scold myself for putting it in the computer wrong.
- Location
- LINCOLNSHIRE/KENYA
Late to this. I had a high clear John Deere on order from November 2019. It arrived early April 2020 . I had paid no deposit. It arrived in country right at the time the virus was starting to bite a time we lost our export orders and all we could see was financial ruin. I told the dealer I was sorry but I couldn’t see myself being able to pay for it under the ongoing circumstances. The dealer turned round and said give us a deposit and pay for it as you can, you have to pay for the services (which would have been free) and that’s what we have done as business picks up we are paying up. Sometimes there are valid reasons for backing out of a deal but it’s best to be upfront. I generally wouldn’t buy John Deere’s but after their help this time I would give them a lot more consideration.
- Location
- Cumbria
Distance selling laws were brought out to protect people buying on-line. They do NOT replace sale of goods act or buyers or consumers statutory rights, but run alongside them.
Different rules apply to business and consumers, and also the value of the goods. Some protection by law disappears when goods exceed a certain value as it is assumed a contract will apply and the buyer is more savvy.
Remember, if you agree to purchase something, and cock on the deal, you are also responsible for any additional costs the seller may have incurred. Going back, there is a case of a Yorkshire dealer who sold a tractor to a customer, who then cocked and bought the same cheaper elsewhere. The dealer sued and won, and the customer was forced to complete the original deal. (think he ended up with two new tractors)
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Tarw Coch
Member
- Location
- Bottom of Wats Dyke
It quite common for invoices to have in the small print at the bottom words to the effect that goods remain the property of the seller until payed for in full.
- Location
- Cumbria
Yes, I am aware, usually the words " the seller maintains title to the goods until paid in full"
However, the exception (for whatever reason) is if liquidation happens and the receivers move in. I have tried without success to retrieve goods never paid for, from a Company that went bust, and even though those words were on the invoice was unable to do so.
As stated above, this retention of title clause must be informed in writing in advance, simply sending an invoice with the words on is not legally enforceable, as this is post contract.
So, to be clear. If you buy something and have an invoice for the goods, you are the legal owner, whether you have received them or not, or whether you've paid or not. Unless, the seller informs you, in advance, in writing that he maintains legal title until the goods are paid for in full, and you agree.
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Tarw Coch
Member
- Location
- Bottom of Wats Dyke
Can’t recall ever been told about it in advance, only time I see it is on the bill.
Bit of a bugger about insolvency.
Dave W
Member
- Location
- chesterfield
Hope Rodger doesn't mind me posting. I know he was struggling to post pics.
these are the terms of the invoice in question
- Location
- Cumbria
Terms and conditions must be agreed during the sale (contract) agreement and agreed in advance, not sent on an invoice after the sale is agreed, as the law see's this as post contract terms.
Tarw Coch
Member
- Location
- Bottom of Wats Dyke
If I’m reading that correctly he should have had up to 3 weeks from date of invoice to payin full.
- Location
- Larne, Northern Ireland
I don't know if you realise but you have scored the name out once, but it also says it further down, M & I Transport Services
Tarw Coch
Member
- Location
- Bottom of Wats Dyke
I had noticed and googled them.
Dave W
Member
- Location
- chesterfield
Oops. My bad
What a wan-ker. Waster is too nicer word.