She took it away :(

[vwayne1]

Business Law 101: An offer to sell an item can be withdrawn by the seller at anytime prior to the acceptance of the seller's terms by a buyer. At the point of acceptance by a buyer, the seller is then obligated to complete the transaction, and the buyer is obligated to render payment. If the buyer makes a counter-offer, then the seller has the right to accept the buyer's offer, reject the offer, or make a counter-offer, themselves. At that point (since the buyer's counter-offer has effectively rejected the terms of the original offer to sell), the seller no longer has a duty to fulfill the terms of the original sales offer. The facts of the OP's situation aren't completely clear, but: If the seller displayed a table of jewelry marked for sale at $1.00 each, and the OP told the seller that he would take them all for the stated price, then the seller had the legal obligation to complete the transaction. If the seller pulled the jewelry back (effectively rescinding the offer to sell) prior to the buyer accepting the seller's offer, then the seller has no obligation to complete the transaction. If the buyer counter-offered to buy all of the jewelry at $0.50 per item, then the seller no longer had a duty to sell the items to the buyer, even at the $1.00 per item price (since the counter-offer effectively rejected the original offer to sell). Obviously, a garage sale transaction is not headed for a court of law, but I believe that the legal standard is also the ethical thing to do here.

. You say the seller would be legally obligated. This means to me that there has to be an actual written law Can you please reference the actual law. Thanks.

 

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[vwayne1]

Business Law 101: An offer to sell an item can be withdrawn by the seller at anytime prior to the acceptance of the seller's terms by a buyer. At the point of acceptance by a buyer, the seller is then obligated to complete the transaction, and the buyer is obligated to render payment. If the buyer makes a counter-offer, then the seller has the right to accept the buyer's offer, reject the offer, or make a counter-offer, themselves. At that point (since the buyer's counter-offer has effectively rejected the terms of the original offer to sell), the seller no longer has a duty to fulfill the terms of the original sales offer. The facts of the OP's situation aren't completely clear, but: If the seller displayed a table of jewelry marked for sale at $1.00 each, and the OP told the seller that he would take them all for the stated price, then the seller had the legal obligation to complete the transaction. If the seller pulled the jewelry back (effectively rescinding the offer to sell) prior to the buyer accepting the seller's offer, then the seller has no obligation to complete the transaction. If the buyer counter-offered to buy all of the jewelry at $0.50 per item, then the seller no longer had a duty to sell the items to the buyer, even at the $1.00 per item price (since the counter-offer effectively rejected the original offer to sell). Obviously, a garage sale transaction is not headed for a court of law, but I believe that the legal standard is also the ethical thing to do here.

. Please quote or at least reference the actual law that would make this legally binding. Thanks.

 

[TheCoinKid]

Take a look at Uniform Commercial Code (U.C.C.) Article 2-Sales, Sections 2 and 3. The text is quite lengthy.

But, again, no one's likely to go the courthouse over a garage sale transaction.

 

[Keppy]

Like i said on your other post seems like you are having problems at yard sales and ebay.

 

[Beachkid23]

Like i said on your other post seems like you are having problems at yard sales and ebay.

Tis the season!

 

[Keppy]

Tis the season!

...yes it is

 

[biggmike]

NHBandit, I think most people agree with you when you wrote "until the money changes hands it's her stuff" The problem is when you wrote" You seem upset that you lost the chance to take advantage of her" What should he have done in your opinion? If I think I can get $100 for something I usually pay what they ask no matter if they tell me $1 or $40. If they tell me a price or it is marked with a price I have no problem paying that price. If you walk up to a sale and see something you want and the price is $4 but you know it costs $25 at Walmart do you pay the $4 or do you offer them say $15 as not to "take advantage of them"? just wondering how you think he was taking advantage...

 

[insontis]

Beachkid23

Sooooo... did you go back yet?

 

[creeper71]

You guys all want to dogpile on me over my opinion that's cool. I'm a big boy. Let me try to explain a little better so you maybe understand where I'm coming from. It's about integrity. Some of you clearly will never "get it". And nobody ever said you were supposed to pay retail and lose money. We'll use the American Pickers show simply because I'm sure most of you guys have watched it if buying & selling is your hobby. And yeah I do realize that most "reality" shows are staged. How many times have you seen Mike tell someone "you're selling yourself short" and give the seller a little more for their item than he's asking ? He still makes money, gains the trust of the seller, and he can sleep good at night knowing he did the right thing. Frank on the other hand is a bottom feeder. He will nickle & dime the seller, find fault with their stuff, and beat them up until he can buy a $200 item for $20 bucks. Then he will giggle all the way home about how much profit he is going to make. Frank is a scumbag. If those guys showed up at my place I would tell Mike to come on in and tell Frank to wait in the van. With that I'll leave YOUR thread and go find something else to do... You all have a good laugh and continue slapping eachother on the back.

Your even more niave then I first thouight... What you think places like best buy,Walmart Kmart pay close to retail for there items? I knoiw for a fact that a iphone cost between 5-20 to buy an they charge us consumers couple hundred dollar.... Guess they should put whole sale price then retail price under that on all Items since you want to talk about interrity...

 

[Iron Patch]

Your even more niave then I first thouight... What you think places like best buy,Walmart Kmart pay close to retail for there items? I knoiw for a fact that a iphone cost between 5-20 to buy an they charge us consumers couple hundred dollar.... Guess they should put whole sale price then retail price under that on all Items since you want to talk about interrity...

All's fair in love and love.

There's no way those companies take advantage of us.

 

[creeper71]

All's fair in love and love.

There's no way those companies take advantage of us.

IP I was just tryin to make a point that us buyin at yardsales is no different then those stores bguyin wholesale

 

[lookindown]

The whole entire point of my comments if anyone read my first posts was that when the lady realized she might be about to get hosed she pulled back on the deal. Clearly you guys all think she was obligated to stand still and take it even though at that point there was NO "deal". Like I said, alot of you will never "get it" and that's cool. I guess none of you have ever been about to do something and then had second thoughts. Have a good day.

I didn't read where anyone on here said she was obligated to stick with her price...where did you get that from?