Quote:
Originally Posted by OhioLawyerF5
Just to be clear, because I went back and re-read the original post. Are you claiming the sale post specifically said that the first to post "I will take them" gets them? Because that was not mentioned in the original post.
If so, then as I've mentioned, that could turn an advertisement into an offer. But absent that, no amount of "essential terms" will accomplish that.
So no amount of capital letters will change the law that absent a clear statement of first come, first served, no offer was made by seller.
Regardless of this scneario, your initial post insinuated that any sale post containing all the essential terms of an agreement constitutes an offer. And that is just wrong. And it was that misstatement that I have been arguing against.
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Right. Specificity is necessary but not sufficient for an "offer" to be binding on the offeror, in the case of an "offer" to the public rather than a particular individual.