Comment Re:Is the sale binding? (Score 1) 267
If someone says, I want to sell something, give me an offer. Sure, they can decide if they like the amount.
In an auction, unless there is a reserve bid, if someone bids one dollar for the Hope diamond, no reserve, and no one else bids? They get it. By law. Contract is in place.
If you have a party store, sell coca cola, have a price tag on a 2 liter of 99 cents. I grab one, take it to the counter and plunk a dollar down. You cannot say, "No, I don't accept your offer. Give me a better offer."
You offered to sell at a price you picked, I accepted it to buy. Contract in place.
Ok,
IANAL, but, the judge explained it to me during my law suit as this.
A contract, in it's most simplistic form, is an offer to sell and an acceptance to buy.
To wit, you offer to sell me on ebay with an auction, a snoopy nightlight.
I agree to buy it.
You back out of the deal. I can sue.
As soon as the buyer says "I'll take it", a contract is in existence.
Best Buy offered a 52 inch tv on thier website for 675$.
I printed the ad and went to the store and said "Wrap one up, I'll take it."
They said there was a price mistake. "That tv is 1700$"
I had it in print.
Not my problem.
I sued.
They claimed to the judge that they "reserve the right to change the price at any time".
Judge replied, "Nice try, but your policy doesn't trump consumer protection or contract law"
They were at fault, and I recieved the difference in price 1025$
I got my money too!
Plus court costs. :)