If a buyer wishes to buy, is the seller obligated to sell?
Asked by
squirbel (
4297)
October 6th, 2008
It’s not meant to be a deep question—rather—more of a capitalist vs populist ideal.
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9 Answers
If someone wants my dog there is nothing saying I need to give them my dog.
The seller has an obligation to sell, only if the seller accepts all of the terms and conditions of the buyer’s offer.
Only if there is a signed contract between the two parties. Even then, most contracts are not enforcable.
I don’t know about the US (I live in England), but say I put a sign in my window advertising the fact that I want to sell my dining table (with no price on the sign), I am not obligated to sell the table. Advertising something for sale is known as an “invitation to treat”, and doesn’t form a contract — simply a window to negotiate.
If I advertised the product with a price, it is known as an “invitation to sale”, and I am reasonably obligated to sell it, bar an obstruction beyond my control occurring (the table is stolen or spontaneously combusts) or the sign was mislabeled.
This was one of the cases we studied in my A-Level Law class.
What if you don’t want to sell to the buyer? For whatever reason?
@Snoopy: If you’ve listed the item with a price, then you are reasonably obligated. Looking around on the web, US law shares that concept.
Also; I’m interested to know what this question has to do with Capitalism vs Populism?
what if you don’t want to sell to the buyer but give it to them for free
@kapuerajam: If you advertised it with a price, you’re still honouring the sale at a discount. With no damage to the buyer, there’s nothing wrong there.
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