EBay Kleinanzeigen Verkäufer verlangt dass ich kaufe?
Hallo
ich habe einen Kleinanzeigen Verkäufer angeschrieben und meinte dass ich interessiert bin.
Er meinte er sagt anderen Interessenten ab wenn ich ihm versichere dass ich sein Produkt kaufe, es handelt sich um ein IPhone 12 Pro.
Ich hab es ihm versichert aber 10 Minuten später hab ich es mir anders überlegt und hab ihm geschrieben dass ich sein Handy doch nicht kaufen will.
Aber er meinte dass ich trotzdem kaufen MUSS weil ich es ihm versichert hab und er den anderen abgesagt hat.
Muss ich es jetzt wirklich kaufen?
(3 votes)
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You must no longer buy, you you have already bought.
You must only pay, and the seller only has to deliver.
Those who do business on the Internet should know what he is doing. I recommend several views in §§ 145 ff BGB.
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Edit:
As I read, you still seem to go to school. Can it be that you are underage? In this case, there is still a way to get out of the already closed contract, but only with the help of your parents.
They must inform the seller in writing (ideally by registered letter) that you are minor and they (the parents) do not agree to the purchase (§ 184 BGB).
Could be that the seller will then report you to classifieds, and the account will be blocked, but that is the smaller problem.
Created 9 hours ago
I also have to say quite honestly that this seller has urged me to say that he thinks he would pay the shipping costs, but after I said yes, he said that he did not pay the shipping costs
Sorry, but that’s irrelevant.
I didn’t buy it
No it is not he has cheated
There has already been a purchase contract, as there were 2 corresponding declarations of will. Therefore, I do not see any possibility of coming out of the contract if the seller wants to enforce it.
Hi.
in law, you have completed a purchase contract, So yes, you have to fulfill your contract and buy the phone.
Well, you have agreed to it and there you have to buy but if he changes the contract afterwards and now wants to have more money now, it is a new offer and you can reject the new offer. Because that’s a change in the contract and that both would have to agree, he can’t say afterwards: now you have to pay shipping costs even though that was otherwise clarified.
Was it clear how to pay? Are you sure about classifieds or Paypal goods and services (due to buyer protection) or otherwise? Somehow my gut feeling would say something else after this thing that he then says he fucks it at his own expense but then sends it unsafe. And then the question comes or not.
If you just wrote him and nothing else happened, you don’t have to buy it.
If you just wrote him and nothing else happened, you don’t have to buy it.
This is the opposite of the BGB.
What price are we talking about? Let it go. Is that why he’d turn on a lawyer?
Yes – there were 2 corresponding declarations of will: He wanted to sell and you wanted to buy. That’s a contract.
But for classifieds, I don’t understand you need to send. The purpose of this is to find a buyer in the area, who then collects the item personally. Then you see the item – and can buy or not.
It is about 550€ and we have not signed a contract
Then stay 2 questions: Do you enjoy the evidence the seller has and would he turn on a lawyer at this sum?
A signature is also not necessary, oral contracts are also valid.
Created 9 hours ago
I also have to say quite honestly that this seller has urged me to say that he thinks he would pay the shipping costs, but after I said yes, he said that he did not pay the shipping costs
Created 9 hours ago
I also have to say quite honestly that this seller has urged me to say that he thinks he would pay the shipping costs, but after I said yes, he said that he did not pay the shipping costs
But, right and right are two completely different things!
You can remember that because it’s not just a spell.
Huh? The legal situation is clear – but whether it can be enforced in court is a completely different question??
Yeah.
No, I don’t want to answer that.
The legal situation is clear, there is no need for intuition. Whether the law can be enforced in court is a completely different question.
We cannot know whether something is worthwhile for another, there are 1000 reasons that speak for it, but as many reasons that speak against it. So this is where the clairvoy comes into play again.
Intuition. It’s enough.
Furthermore, he can still negotiate with the seller whether the whole effort is really worthwhile for the seller.
If the evidence is sufficient, only one lawyer can answer you legally.
How do you know what others will do when? You might have to Ask psychics.
You are minor and not fully operational.
The purchase contract you have concluded is therefore floating ineffective.
Your parents can object to the contract and make it invalid.
Almost 18 I did not write
What now? You wrote above:
Hallöchen to make it clear. did he stand in a contract no did you sign anything? no the vogel should not play so naturally not cool to insure and then cancel but if he cancels all the others it is in the end not to block your problem and delete the vogel 🙂
A purchase contract is not subject to a prescribed form.
A mutual declaration of will has been issued and that is enough to achieve a valid purchase agreement.
at the end no valid declaration of consent has been given, since nothing has been signed
No, there has been a permanent agreement since the Roman era, which is a binding treaty for the two congruent declarations of will of eminent citizens.
No, nothing changed. Higher knowledge of it.
I learned it the same way: 2 consistent declarations of will – and the treaty is perfect. – Did something change in 30 years?
It’s bullshit.
I recommend reading BGB on the areas of “Willenserklärung” and “Kaufvertrag”
He doesn’t have to. The declaration of will is sufficiently formulated.
then the seller would have to prove that he has canceled the other interested
If the customer writes that he assures the purchase, this is a declaration of will. The seller has informed his declaration of will when he said that he would cancel the other interested if the purchase was promised.
There are two corresponding declarations of will and a purchase agreement has been reached.
And since all this took place in written form, it is also easy to prove for the seller.
what happens*
there I give you the point, however, he does not have to buy anything because there was no speck there was if he refuses to buy so the contract is not really valid
An oral purchase agreement is also valid. So nothing has to be signed.
Towards. I also run an eBay shop since 2008. Both private and commercial etc. You have to pay garnix. Did you sign anything? No. Is there a purchase contract? No. Don’t be intimidated or put under pressure. Something you don’t want, and the buyer bets that you have to pay is a form of foolishness. That’s not your problem. Simply delete and block the funny user;) and you already have rest in the carton. There is no insurance as such. You have a 100% buyer protection (if you have PayPal). And as long as the ad is still online, you can also assume that they are only empty fairs. Even if the type has 100% positive reviews and so.
You don’t know a lot about that.
Since there are no formal provisions, he could have danced the declaration of will
There has already been a purchase contract, as there were 2 corresponding declarations of will.
No, what is foolish can be read in § 240 StGB. The assertion of existing rights is therefore not a negligence.
But, for example, there are legal protection insurance if you want to proceed to court against counterfeit buyers.
I also have to say quite honestly that this seller has urged me to say that he thinks he would pay the shipping costs, but after I said yes, he said that he did not pay the shipping costs
However, this would also be a binding agreement, as it is before your commitment. Even though it was only a one-sided declaration of will.
If he does not want to stick to it, you can enforce compliance with the contract or initiate a resignation due to breach of the contract.
I know that little psycho with this yes and no too well. Believe me. And I don’t have a shock on these stereotypes. That’s why I never say yes on the phone, because that’s what counts as an unintentional contract. No thanks can always be said. If the seller accepts the full shipping costs, then the pure cunning is. You have no right and claim. Even if he urged you to pay for something against your will, that’s a fool. And thus a criminal offense . Because strangely with me it works:) As long as there is no IBAN, etc.
Criminal Code (StGB) § 240
Your declaration of will was based on the shipping costs. This is therefore part of the purchase agreement.
The seller must comply with this accordingly.