Quote:
Originally Posted by gregndodgers
As a lawyer who has negotiated multimillion dollar deals and is pretty well versed in contract law, I have to disagree with some of the posts on this thread. If a post is made (such as the one made here) that advertises specific cards for sale and that post includes the material terms of the sale, which besides a description of the item for sale, typically includes the sale price including shipping and handling, and the method of payment, then that is the offer, and the first to accept those terms is the rightful buyer and has, in layman’s terms, “first dibs.” Absent a good reason, an individual cannot simply choose whom to sell to.
Greg
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I'll post the case law when I get a chance. I'm going to need to see your citations, because that is most definitely not the general principle of contract law. Only if there is a specific local statute that modifies the common law will that be the case, or if there is a specific term in the listing stating an intent to sell to the first taker. There is no "meeting of the minds" in your example that is required for a contract. Posting a listing to a broad, general audience does not put the seller in privity of contract with everyone who reads it. The buyer must express their intent to contract, and the seller must agree to contract with that specific person. In your example, the seller has never entered into contract with that buyer, and no contract was formed.