- Joined
- Jun 16, 2003
- Messages
- 20,207
So here's how the law of sales of goods goes.
> When a seller says "for sale $X," he is soliciting an offer to buy. He is not offering to sell.
> When a prospective buyer says "I'll take it at $x" he is offering to buy. He is not accepting an offer; he is making the offer.
> When the seller says anything except, in effect, "I agree," he is refusing the offer, which is his right legally, ethically, and morally. The seller controls whether there is a deal or not.
> When the prospective buyer says, in effect, "I'll take it at $X-$Y," he is making an offer to buy at the lower price, which, again, the seller can accept or reject. The seller controls whether there is a deal or not.
> If the seller says. I'll sell at $X + $Y, he is soliciting a new offer to buy at the new, higher price. There is no deal unless the buyer offers to buy at the new, higher price. Even then the seller has the final say on whether to accept the offer, or not. The seller controls whether there is a deal or not.
Some states have passed statutes changing this model, but they are the exceptions that test the rule and primarily apply to prices advertised by merchants for some goods under some circumstances.
The rules have been this way for at over a century eighty years in the U.S. and U.K..
"The general principle is that adverts or displays of products do not constitute an offer. Instead, they are said to be "invitations to treat". An invitation to treat precedes an offer in the contract formation process; it is an invitation to make an offer. By contrast, an offer is capable of binding the offeree if it is accepted. Websites used to market products and services may be considered as analogous to offline advertisements. Generally speaking, such websites will communicate an invitation to treat, not an offer."
> When a seller says "for sale $X," he is soliciting an offer to buy. He is not offering to sell.
> When a prospective buyer says "I'll take it at $x" he is offering to buy. He is not accepting an offer; he is making the offer.
> When the seller says anything except, in effect, "I agree," he is refusing the offer, which is his right legally, ethically, and morally. The seller controls whether there is a deal or not.
> When the prospective buyer says, in effect, "I'll take it at $X-$Y," he is making an offer to buy at the lower price, which, again, the seller can accept or reject. The seller controls whether there is a deal or not.
> If the seller says. I'll sell at $X + $Y, he is soliciting a new offer to buy at the new, higher price. There is no deal unless the buyer offers to buy at the new, higher price. Even then the seller has the final say on whether to accept the offer, or not. The seller controls whether there is a deal or not.
Some states have passed statutes changing this model, but they are the exceptions that test the rule and primarily apply to prices advertised by merchants for some goods under some circumstances.
The rules have been this way for at over a century eighty years in the U.S. and U.K..
"The general principle is that adverts or displays of products do not constitute an offer. Instead, they are said to be "invitations to treat". An invitation to treat precedes an offer in the contract formation process; it is an invitation to make an offer. By contrast, an offer is capable of binding the offeree if it is accepted. Websites used to market products and services may be considered as analogous to offline advertisements. Generally speaking, such websites will communicate an invitation to treat, not an offer."
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