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Quasi-hypothetical: How "private" are the terms of private treaty?

RYKRYK Posts: 35,800 ✭✭✭✭✭
If a coin trades hand by private treaty, how private is the selling price? Is the seller under any obligation to keep the terms private? Can anyone just email the seller and expect to be given the selling price?

The reason I ask is that I recently purchased a special coin via private treaty (posted here over the weekend), and a virtual stranger emailed the seller and asked what was the selling price. The seller, who is a friend, forwarded the email to me, in the event that I would want to share the information with the stranger. I was, at first, mortified that someone (the stranger) could be so uncouth. After further thought, perhaps I am out of line, and the request for information by the stranger is quite reasonable. Someone please give me a reality check.

Comments

  • LongacreLongacre Posts: 16,717 ✭✭✭
    In my opinion, the reason why coins are sold by "private treaty" is exactly that, to keep the transaction private. I think the dealer owes you a duty of confidentiality and should not disclose the selling price or your identity. I am not sure of the context as to why the inquirer was interested in the purchase price, but I think it wasn't correct to contact the dealer and ask what the price was. If the coin was posted on these boards, it would have been better to contact the owner and ask him directly. I am not a fan of the indirect method of gaining the information. Rookie move, in my opinion.

    The cynic in me also thinks that coins are sold by private treaty to keep the prices out of the Greysheet, and to give an advantage in the price manipulation that goes hand in hand with well managed promotions.

    Always took candy from strangers
    Didn't wanna get me no trade
    Never want to be like papa
    Working for the boss every night and day
    --"Happy", by the Rolling Stones (1972)
  • coinguy1coinguy1 Posts: 13,484 ✭✭✭


    << <i>.. but I think it wasn't correct to contact the dealer and ask what the price was >>

    As specifically relayed in the situation presented, I agree. However, I do think it would be ok for a third party to contact the dealer and ask something to the effect of: "If you and the buyer are both ok disclosing the information, I'm curious to know what the coin sold for."

    That way, the seller is on notice that the inquirer is not asking him to betray a confidence and that the buyer's ok to release the information, is being acknowledged/required.
  • I think asking for details on the price of a private treaty sale as presented in this scenario is way, way out of bounds and I can only imagine the choice reaction this question would get from a couple of dealers I know.

    But hey, why stop at just the price? How about details of how the payment was made? Any credit issues? Was the dealer asked to hold the check for 7 days? Did the buyer haggle? How many counter-offers were made? Etc., etc.

    I am in the mortified camp.

  • FrankcoinsFrankcoins Posts: 4,572 ✭✭✭
    Don't be reading too much into the term "private treaty." It's simply the opposite of
    a public auction.
    Frank Provasek - PCGS Authorized Dealer, Life Member ANA, Member TNA. www.frankcoins.com
  • Sometimes all that "private treaty" means is that the coin was not offered publicly. No great secrecy was intended. But I would think that it would be up to the buyer to decide whether or not to release the selling price and his identity.
  • ziggy29ziggy29 Posts: 18,668 ✭✭✭
    Doesn't it really depend on the terms of the sale -- at least legally if not ethically? If a buyer and seller agree to terms on a sale that include confidentiality, then of course neither buyer nor seller should divulge the details -- but if that confidentiality isn't specifically negotiated, is there an *implied* confidentiality unless both parties agree to divulge the imformation?

    If I wanted the terms to be kept a secret, I'd expect to have to negotiate that as part of the deal. If I don't do that, then I wouldn't expect my purchase price to be off limits or kept a secret. (Of course, I think as a buyer, my identity should remain anonymous, as that's a legitimate security concern.)
  • RussRuss Posts: 48,514 ✭✭✭


    << <i>Is the seller under any obligation to keep the terms private? >>



    Absolutely.



    << <i>and a virtual stranger emailed the seller and asked what was the selling price. >>



    That's weird. If I were interested in knowing the selling price, I would ask the buyer not the dealer.

    Russ, NCNE
  • LongacreLongacre Posts: 16,717 ✭✭✭
    I think in all instances the dealer owes a duty of confidentiality to the client, whether it is written, unwritten, stated, or unstated.

    For example, if Mrs. Longacre called Pinnacle and asked why I am sending checks to this guy, Douglas Winter, I would expect that his reply would be, "what checks?". image
    Always took candy from strangers
    Didn't wanna get me no trade
    Never want to be like papa
    Working for the boss every night and day
    --"Happy", by the Rolling Stones (1972)
  • ajiaajia Posts: 5,403 ✭✭✭
    Robert,

    Since I will likely never be in a position to acquire a coin by 'private treaty', please expand on what this says, exactly.
    I presume it has confidentiality clauses about who the buyer is (you) & the price paid.

    Since your question is 'How "private" are the terms of (a) private treaty', I would say as private as spelled out in the treaty!
    If the selling price was to remain a secret, then the seller (your friend), should have sent back a nice email saying that, per the private treaty, he would be unable to give that information. PERIOD. It is up to you to decide if, or when, that information would be made public.

    Don't blame some collector from contacting the seller, the transaction was obviously made public, maybe he was just curious what the coin sold for. Maybe he's thinking of buying a similar coin.
    From my limited time collecting, if any information is to come out, usually sales price becomes public knowledge, who bought the coin is usually what stays a secret.
    In this case it seems the buyer became public knowledge, selling price was not.

    JMO
    image
  • RYKRYK Posts: 35,800 ✭✭✭✭✭
    Ajia,

    Excellent questions!

    The coin had been offered on the seller's retail website with POR. When I first saw it, I assumed that I could not afford it. (POR="ryk cannot afford") It turns out, when I inquired I could indeed afford it. I have a special relationship with the seller (Gold Rush Gallery), and the terms of the transaction are similarly special (in ways that I do not care to divulge). A forum member, who fancies himself as a dealer, sent an email to the Gold Rush Gallery and without any introduction asked how much the coin sold for.

    Frankly, it could be to the detriment of myself or the seller (GRG) if the actual selling price and terms were public information. A couple friends did ask me privately what the price of the coin was, and I told them.
  • ziggy29ziggy29 Posts: 18,668 ✭✭✭


    << <i>Frankly, it could be to the detriment of myself or the seller (GRG) if the actual selling price and terms were public information. A couple friends did ask me privately what the price of the coin was, and I told them. >>

    I can see that. Still, to be safe, if this is a significant concern I'd probably make sure the seller would keep the details confidential before closing the deal -- getting an explicit confidentiality agreement, not relying on an implied one which might mean different things to different people.
  • BarryBarry Posts: 10,100 ✭✭✭
    To the individual who asked the price:

    I know what the coin sold for. That information will cost you the same price as what RYK paid for the coin. If you want to know that bad, let me know...

    P.S. Robert, I'll split the proceeds with you. image
  • RussRuss Posts: 48,514 ✭✭✭
    Barry,

    I know who asked. Three-way split?

    Russ, NCNE

  • If this type of information is shared by the dealer with a 3rd party, then it would be more of a "public treaty".
    www.jaderarecoin.com - Updated 6/8/06. Many new coins added!

    Our eBay auctions - TRUE auctions: start at $0.01, no reserve, 30 day unconditional return privilege & free shipping!
  • ajiaajia Posts: 5,403 ✭✭✭
    So.....
    If I read between the lines a bit.......

    "I have a special relationship with the seller (Gold Rush Gallery), and the terms of the transaction are similarly special (in ways that I do not care to divulge)."
    .....this was a special RYK deal, one that GRG would rather keep to itself & you because they would not want other buyers asking to do the same. If that is true, good for you. You obviously mean alot to GRG.

    "A forum member, who fancies himself as a dealer, sent an email to the Gold Rush Gallery and without any introduction asked how much the coin sold for. "
    .....OK, so not a collector!image
    The right thing to do, IMO, since this was a member, would be to PM YOU with a request for the price, giving the reason why the information is requested. Maybe it was a valid one & let you decide.
    Running around you when they knew you bought the coin doesn't sit too well with me.

    To answer another of your questions....
    Can anyone just email the seller...YES and expect to be given the selling price? NO, but probably hope to get the selling price.
    image
  • BarryBarry Posts: 10,100 ✭✭✭


    << <i>Barry,

    I know who asked. Three-way split?

    Russ, NCNE >>


    Russ,
    I know, too. Since Robert didn't disclose it, I didn't think I should. Sorry, you're still out of the loop...
  • RussRuss Posts: 48,514 ✭✭✭


    << <i>Sorry, you're still out of the loop.. >>



    Well, that sucks.

    Russ, NCNE

  • ajiaajia Posts: 5,403 ✭✭✭
    Just heard from the board member with the 'other side of the story'.
    Then went to the thread where RYK talked about his buy.
    Folks, this isn't even a mole hill.

    Nowhere in RYK's original thread did it say this was a 'private treaty' buy. Did RYK need to state this, no. But by not stating it the member had no idea that contacting the seller would cause such a fuss, and it looks by all accounts that the website was not updated to say 'SOLD', and the coin was at a show either at the same time, or after the sale.

    Why didn't the member contact RYK directly? Well, according to the member, he has been blocked from sending PM's to RYK.

    The seller, who is a friend, forwarded the email to me, in the event that I would want to share the information with the stranger. I was, at first, mortified that someone (the stranger) could be so uncouth.

    If the information is correct, & the complete email was passed from the seller to RYK, and I could be wrong, but I stongly think RYK would know who this person was.

    He was just curious, as we probably all are now, and I see no harm being done.

    So, my question to you Robert is, why you would feel a person asking what the selling price on a coin to be uncouth when the person asking doesn't know it's a private treaty?......Just a reality check.
    image
  • RussRuss Posts: 48,514 ✭✭✭


    << <i>If the information is correct, & the complete email was passed from the seller to RYK, and I could be wrong, but I stongly think RYK would know who this person was. >>



    He would know that only after the eMail was forwarded. He may not have had any idea upon initial contact from the dealer.

    Russ, NCNE
  • seanqseanq Posts: 8,735 ✭✭✭✭✭
    I think the only way to clear this mess up would be for RYK to post a pic of the coin in question, a link to the dealer's site, and the price he paid for the coin.










    image


    Sean Reynolds
    Incomplete planchets wanted, especially Lincoln Cents & type coins.

    "Keep in mind that most of what passes as numismatic information is no more than tested opinion at best, and marketing blather at worst. However, I try to choose my words carefully, since I know that you guys are always watching." - Joe O'Connor
  • relayerrelayer Posts: 10,570


    << <i>The coin had been offered on the seller's retail website with POR. When I first saw it, I assumed that I could not afford it. (POR="ryk cannot afford") It turns out, when I inquired I could indeed afford it. >>



    Since it was advertised publically perhaps the other party also saw the POR and was considering it. Once it was removed from the website, he wanted to know what the selling price was for his own information - not to spy on RYK
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    My posts viewed image times
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  • ajiaajia Posts: 5,403 ✭✭✭
    Russ, agreed, the name of the member may not have been known at first.
    But by the time this thread was started he was.

    Remember , the reason for the question was that a 'virtual stranger' emailed the seller (I guess a virtual stranger to the seller) asking for the selling price.

    But the stranger did not know this was a private treaty sale, the web site still said P.O.R..

    I still think that the answer to the 'root' question (how 'private' are the terms of a private treaty) is as private as the buyer & seller agree to.

    Will this stop people from asking? Of course not.
    Should this bother the seller or buyer? Not in my opinion

    And, again JMO, if RYK told some friends that asked, that is breaking the private treaty obligation he had with GRG, unless it was spelled out telling friends was acceptable.

    image
  • RYKRYK Posts: 35,800 ✭✭✭✭✭
    All opinions here are valid. I was shocked that someone unknown to a dealer would email a dealer and ask how much a coin sold for. Exchange the words "retail sale" for "private treaty" as for me, they are identical. I was asking the question here for the reality check.

    Purely hypothetical now. If Ajia bought a coin from Harry Labstain, a dealer I have never contacted before, and I wanted to know how much he paid for it, it is ethical/appropriate/reasonable for me to contact Mr. Labstain and ask him how much Ajia paid for it? Similarly, what would the ethical/appropriate/reasonable response of Mr. Labstain be?
  • LongacreLongacre Posts: 16,717 ✭✭✭
    If I am reading the thread responses correctly, I believe that the person who made the inquiry is a forum member. Maybe we just need to know the reason why that person made the inquiry. Perhaps he was ready, willing, and able to buy the coin and wanted to know its price. I am not sure if this makes sense because I think RYK posted an earlier thread showing that he bought the coin. But perhaps things can be cleared up if we knew the reason for the inquiry.
    Always took candy from strangers
    Didn't wanna get me no trade
    Never want to be like papa
    Working for the boss every night and day
    --"Happy", by the Rolling Stones (1972)
  • tradedollarnuttradedollarnut Posts: 20,233 ✭✭✭✭✭
    I was shocked that someone unknown to a dealer would email a dealer and ask how much a coin sold for.

    I once emailed a dealer not known to me to inquire about the price of a coin he sold several years back. I didn't even hesitate to ask - nor did I find it offensive when he didn't answer my question with a specific number.
  • MrEurekaMrEureka Posts: 24,428 ✭✭✭✭✭
    Is the seller under any obligation to keep the terms private?

    No, but it's the smart thing to do if the dealer values his relationship with the buyer.

    That said, most dealers will share this type of information with each other and with their clients. Not out of generosity or duty, but out of self-interest. When you share info with other people, they may do the same with you, and they'll certainly spend more time talking to you. That can lead to more business. At the very least, the blabbing dealer can feel like he's more important and smarter than he really is, which is certainly of some value.

    The situation in this thread is different because a stranger asks for the information. Therefore, it's less likely that there will be a benefit to the dealer in sharing the information. So in this scenario, most dealers would choose to protect the buyer.



    Andy Lustig

    Doggedly collecting coins of the Central American Republic.

    Visit the Society of US Pattern Collectors at USPatterns.com.
  • CalGoldCalGold Posts: 2,608 ✭✭


    << <i> At the very least, the blabbing dealer can feel like he's more important and smarter than he really is, which is certainly of some value. >>



    I will keep this in mind and apply it in my own walk of life.

    CG
  • HTubbsHTubbs Posts: 4,138 ✭✭✭
    I'm the one who inquired about the coin. I saw RYK's post showing off his new purchase and read the story on Gold Rush Gallery's website via the link provided by RYK: New Dahlonega coin purchase: Off the scale on the FatMan Coolness Meter™
    Being that I was already on GRG's site I became curious as to the purchase price of the coin.The coin was at this time still listed on their website with a big old P.O.R. next to it. I sent an e-mail right then.The reply I got back was that they didn't want to reveal the sale price in order to protect the privacy of the buyer.End of story...

  • BarryBarry Posts: 10,100 ✭✭✭
    I didn't know PMs could be blocked. Good thing to know in the event I want to block someone in the future...
  • RYKRYK Posts: 35,800 ✭✭✭✭✭
    HTubbs,

    The blocked PM was from prior nonsense, and I never got around to unblocking it. Were it unblocked, I would not likely divulge the price of the coin to you, as it is a private matter for me and the seller. If unblocking you from PMing me only results in my getting PMs asking how much I paid for things, I probably should leave things as they are. Two coin friends asked me the price and terms, and I did reveal the price and terms to them. I trust their sense of discretion. Because of the POR, I am sure that other people were curious about the pricing, but none had the chutzpah to email Al.

    Based on your previous misadventures here, while I have nothing against you personally, I have a healthy skepticism about your activities. As a fifteen year old, you are in many ways quite mature (most here believe you to be much older) and in other ways still a fifteen year old. Your posting of an email exchange between yourself and my friend Al Adams (in particular, his response to you), though harmless, shows lack of discretion (in the same way that posting PMs here does). I did not (do not) think that you have dishonorable motives.

    All that said, I posted here primarily to get an idea of what activities were considered fair and which were out-of-bounds. It appears that it is commonplace enough to inquire to dealers how much others paid for their coins, and many do not consider it to be a problem. Many dealers would not divulge a selling price to a stranger, which I believe is appropriate. It does not serve the dealer, nor does it serve the customer.


    Why don't you go ahead and tell the rest of us the sale price,or is it really that important?

    There are a few reasons that I can think of right of the bat:

    1. What if another customer was quoted a higher price? It might put the GRG in an awkward position.

    2. What if someone contacts me and tells me that they were offered the coin at a better price? It might put the GRG in an awkward position.

    3. A pedigreed coin of a rare variety with cool history is difficult to value. Perhaps down the road, I (or the GRG) will want to sell the coin. Once it is common knowledge what I paid for the coin, it will be difficult for me (or the GRG) to get more for it.
  • HTubbsHTubbs Posts: 4,138 ✭✭✭
    edited to replace unneeded opinion with fact...
  • relayerrelayer Posts: 10,570


    << <i>
    Since it was advertised publically perhaps the other party also saw the POR and was considering it. Once it was removed from the website, he wanted to know what the selling price was for his own information - not to spy on RYK >>



    Or, on the other hand, maybe he was just image nosey
    image
    My posts viewed image times
    since 8/1/6
  • ajiaajia Posts: 5,403 ✭✭✭
    Nosey=curious? image

    Hopefully all is well......it is Christmas time you know. image
    image
  • Interesting thread.

    I'm just greatful that RYK's recently posted Ike Dollar was acquired through a public auction. I would never have been able to sleep another wink without knowing what that rarity sold for.image
  • LongacreLongacre Posts: 16,717 ✭✭✭
    I don't use the word chutzpah in everyday speech nearly as much as I should. image
    Always took candy from strangers
    Didn't wanna get me no trade
    Never want to be like papa
    Working for the boss every night and day
    --"Happy", by the Rolling Stones (1972)
  • TomBTomB Posts: 22,097 ✭✭✭✭✭
    I'll admit that I haven't read the responses to this thread and so what I write may have already been written many times, but I'll put in an opinion anyway. In my opinion, a private treaty should have important terms agreed to in advance to have it mean anything other than a privately offered sale. As such, if one does not request that the terms be confidential then the buyer or seller may disclose them at his/her peril. The fact that an uninvolved third-party requested information does not bother me at all. Really, who cares if someone else asks a question? If the parameters of the sale are already well thought out and agreed upon then you have nothing to worry about.
    Thomas Bush Numismatics & Numismatic Photography

    In honor of the memory of Cpl. Michael E. Thompson

    image
  • I can't think of a time I was interested in something offered as POR or "make offer" when I did NOT ask the sales price if I missed it. What's the BIG DEAL if the coin was already offered publically?---in fact I'd be MORE worried only one guy was interested.image
    morgannut2

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