Posted by James Howell on April 04, 2008 at 12:25:37 from (144.162.41.172):
In Reply to: ethical question posted by CuriousGeorge on April 04, 2008 at 11:03:40:
There is a contract/agreement; an offer to sell the “complete” implement ( as described by the seller ) and your acceptance of that offer to buy the “complete” implement ( as described by the seller ).
Partial consideration ( half the money ) was paid for the “complete” implement ( as described by the seller ).
Seller accepted partial consideration ( half the money ) that was paid for the “complete” implement ( as described by the seller ).
Seller has since determined implement is NOT “complete” as described in original offer.
Seller has located and purchased parts to repair implement to “complete” condition ( as described by the seller ).
Buyer did not request or authorize seller to locate and purchase parts for repair.
What would I do?
If I did not want the implement in AS IS condition ( not “complete” ), I would ask for a refund of the earnest money ( deposit ).
My acceptance to buy the implement was based on its “complete” condition as originally described by the Seller.
Seller has acknowledged implement is NOT “complete” as described in original offer.
This voids the original contract/agreement ( offer and acceptance ).
You are not obligated to fulfill the contract/agreement.
Keep in mind that if you start to negotiate a new deal, the original contract/agreement ( offer and acceptance ) is no longer in force.
If I wanted the implement in AS IS condition, I would pay the remainder of the balance owing according to the original agreement.
You are under no obligation to reimburse the Seller for parts.
If I wanted the parts purchased by the seller, I would ask for receipts and purchase whatever part(s) that I wanted.
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