"Verbal" agreements?

Bernhard J

What agreement? You wrote that your brother would arrange to come by and look at the watch in person. So there was no concluded agreement, because you surely would have had to option to withdraw (?) Why should someone have a look at the watch in person, if you had concludind a binding sales contract (written or verbally). A "letter of intent" is, by the way, worth absolutely nothing under European legislation.

If I were a seller and a buyer would tell me that someone would (might?) drop by in a week or so to have a look at a watch, I would prefer any person, who drops by and BUYS in person in the meanwhile.

P.S.: I personally have experienced several time, that a (prospective) buyer asked for my bank account details for payment of what was agreed on (!). Nothing happened though. Now I ask for Paypal payment and as long as the prospective buyer does not pay, nothing is reserved.

Davidt

I must not have read the full OP as I agree on a re-read it does sound open to interpretation. I wouldn’t consider someone arranging a viewing as an agreed deal.

That said, if the seller agreed to putting the watch on hold pending a viewing, that should’ve been adhered to. The seller would have been perfectly within their rights not to agree to this, but if they have, they should stick to it.

Bernhard J

Well, the transaction in question appears to have been troubled anyway, just think about all the "terms" and "term adjustments" (what might they have been?). The seller might just as well be regarded as rather patient as long as we do not hear the other side ...

When I (European) bought my Elgin Veritas in the USA, we had a few emails back and forth (mainly with respect to the provenience, see elsewhere here), then I paid the full amount, and finally he sent the watch. That was it. No specific "terms", no prior inspections through third parties, etc.

watch_my_six

... who even told me when I asked ...that he would put the watch on hold for me...

Bernhard J

Just as a sidenote.

Ad 3) If the seller is a professional (and I assume this since you refer to a website and business) and the buyer a private person, then responsibility ends under European legislation after it is delivered to you. Insurance etc. is a matter of the seller and if the item is lost or damaged by the carrier, the seller has the loss and the seller must claim refund from the carrier.

Ad 4) If the seller is a professional and the buyer a private person, European legislation provides a 14 days (after receiving at your end) return right, even without cause by the way. It is illegal to exclude this right of return. I believe that US legislation has a similar instrument, called "cooling off period".

Ad 5) If the seller is a professional and the buyer a private person, the seller cannot exclude warranties by law, except if the sale is a commission sale for a a private seller. If the seller is the owner of the item, this is not a commission sale.

So, 3) to 5) are terms provided by binding law in Europe and consequently need no negotiations. Assuming that you are a private buyer and the seller a professional. If one of these conditions is not met, the aforementioned provisions do not apply.

Peemacgee

This
- and @watch_my_six , I would personally name and shame in this thread, so long as you are accurate with your recounting of the situation there can be no case for defamation.

English contract law is simple:
offer, acceptance, consideration

without all three there is no contract.

Of course there is always a case for an implied contract but even if you could prove the case (unlikely here in the UK) you would have to prove loss - and I'm pretty sure that the potential future enjoyment of a watch you never had would not count as loss.

Other countries (like across the pond) are famously more litigious and perhaps disappointment is actionable in those countries.

All in all a very poor show by the seller - and given that we have all experienced the excitement of buying a new watch, it is entirely understandable that you are peeved about the whole affair - but other than 'outing' the culprit to warn others I don't see any other recourse.

Bernhard J

Lawyer´s answer: depends 😁.

In principle yes, but an EU business seller can exclude mandatory rights provided by EU law to EU consumers (= private buyers) in case of non-EU consumers, e.g. in his general terms and conditions of business. Rarely seen in case of small businesses though.

pdxleaf

Legal contract? No

Character test? Yes