On Saturday, October 17, Alain Duquet posted to this list on behalf of REMI
CLOUTIER of Quebec with a list of Olympus macro gear for sale, with an
asking price of $500.
On Sunday morning, the 18th, I called Mr. Cloutier, and discovered that it
was really a private auction, and he already had been offered $550. I said
that I was going on a business trip on Monday, and would not be able to
make further bids, and asked him how much he would take to close the deal
on the spot. He mentioned that someone might be willing to pay him $600, so
I offered him $650 to close the auction on the spot. He asked if he could
have a couple hours to think about it.
I called back at 1700 Quebec time, and he said he now had an offer of $675,
and I said I would go $700, but only if he would agree to the sale on the
spot, since I was going away. He said he "liked my offer very much" and
agreed to accept my offer. Since I could not get to a financial institution
before my trip, he further agreed to accept my personal check, and I agreed
that he could wait for it to clear before shipping the merchandise. I ran a
check for $700 down to the post office, so it would get out quicker that
mail pick-up at my house.
We exchanged email covering the "four corners" of the agreement, which is a
legally binding contract. I'm not a lawyer, but I tithe. :-(
Yesterday, I received email from him, saying he was sorry, but he would be
returning my check, "because of a too long delay to validate it at the
bank." I immediately wrote him back, informing him that it's too bad, he
should have thought of that before making a legally binding agreement with
me, and that I expected the equipment to be delivered as promised.
I mentioned in my email that for business reasons, I had previously
retained the law firm of Scott and Aylen in Ottawa, and would not hesitate
to use them to enforce this agreement. I have received no answer, and today
I sent more email, giving him 24 hours to respond, and also threatening to
inform his employer of his behavior, from whose system the email was sent
and delivered.
I suspect he simply got some better offer after agreeing to sell it to me.
I think this behaviour is outrageous.
If by some chance, you have made a deal with Mr. Cloutier to purchase this
equipment, please contact me directly, and perhaps we can work something
out between us. I have nothing against you personally, but am prepared to
spend many times the value of the equipment in enforcing this agreement,
and the party purchasing the equipment from Mr. Cloutier will most likely
be named in the suit. If it goes that far, I will be seeking to recoup my
legal expenses as part of the settlement.
Please forgive the lack of Olympus content in this message, and please
insist on fair and honest dealings on the Internet. Holding people to their
word, no matter the cost, is the only way to tame the Wild, Wild Web.
: Jan Steinman <mailto:jans@xxxxxxxxxxx>
: 19280 Rydman Court, West Linn, OR 97068-1331 USA
: +1.503.635.3229
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