Non Signed Contract - Purchase of Goods

seriousally01

Hello everyone!!

Hoping someone can shed some light on a situation one of my good friends is in ..

He recently contacted someone in the UK selling bulk products which he initially agreed to buying. He had sent over initial deposit of 500 sterling with further payments of 7,800 (one in December & one in January).

He recently got some bad news concerning a close family member needed treatment & they are trying it pull together as much funds as necessary. This, resulting in him not being able to go ahead with the purchase.

He got in contact with the seller, who isn't in the country (he's in Asia at the moment) to explain situation and if it was possible to cancel the deal & ask for a refund. Bare in mind, my friend hadn't organised to pick up the products so there has been no exchange of goods yet.

There isn't any signed agreement, just an email from the seller with his conditions but nothing written to agreement if that makes sense?

The seller will not return any of the moneys as it is not his issue so to speak.

Any advice? It's a good chunk of money 9000euro to say goodbye to when he is in need of it.

Thank you.

Sal

ohnonotgmail

Probably not what your friend wants to hear but the absence of a written contract doesnt really help. what is important is that both sides intended a contract to exist. Clearly by sending a deposit and then further funds your friend intended a contract to exist. They are at the mercy of whatever conditions they agreed to.

seriousally01

Eek that's not good! So they'll lose out on the money sent over? Absolutely no way around it you think? Even though the goods are still in storage in the UK and not in his hands?

Thanks for your quick reponse

ohnonotgmail

given the sums involved it is best that he contacts a solicitor. perhaps he can come to some arrangement with the uk supplier.

ED E

Its a long time since I did a filler law module but IIRC the contract of sale happens as soon as he accepts the funds from you. Doesnt have to be written.

To be fair, its not the sellers problem.

nava

Only way to get some money back would be if seller agrees to it as a goodwill gesture, not sure what the product is but maybe seller already source/manufacture extra items to cover what your friend was going to buy.

Another option might for your fiend to get over the €9000 worth of product to resell maybe as bulk to get some of the money back.

BrokenArrows

Not the sellers problem at all.
Why should he be responsible for your friend changing his mind.

And who transfers 9k without a contract?

You friends best option would be to complete the full purchase and attempt to resell the goods in bulk or try and sell the "option" to complete the purchase from the original seller if your friend doesnt have the money to complete the original purchase.

Worst case scenario the original seller may be willing to accept the goods back at a discount.

seriousally01

Thanks guys.

See the products are machines, which the owner has eloped and left the business and sold it over to him.

It doesn't like like the guy wants to do anything in good will but not sure if there's a way of approaching him to push a resolution?

The listing was originally on EBAY which does say there is a 14 day return policy for full refund but buyer needs to pay for return of goods.

Technically, he hasn't received the goods yet, would this not suffice if he did receive goods and looked to return them?

ohnonotgmail

seriousally01 wrote: »

Thanks guys.

See the products are machines, which the owner has eloped and left the business and sold it over to him.

It doesn't like like the guy wants to do anything in good will but not sure if there's a way of approaching him to push a resolution?

The listing was originally on EBAY which does say there is a 14 day return policy for full refund but buyer needs to pay for return of goods.

Technically, he hasn't received the goods yet, would this not suffice if he did receive goods and looked to return them?

who is the first him here? and he bought commercial goods through eBay? why do these stories always get more complicated as they go on.

BrokenArrows

seriousally01 wrote: »

Thanks guys.

See the products are machines, which the owner has eloped and left the business and sold it over to him.

It doesn't like like the guy wants to do anything in good will but not sure if there's a way of approaching him to push a resolution?

The listing was originally on EBAY which does say there is a 14 day return policy for full refund but buyer needs to pay for return of goods.

Technically, he hasn't received the goods yet, would this not suffice if he did receive goods and looked to return them?

"originally" meaning that he actually made an agreement via email and not via ebay.

If the sale had taken place on ebay then there would be a contact, an ebay contract and both parties would be bound by it.

It doesnt matter what ebay says if the purchase wasnt made on ebay.