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Originally Posted by nolemmings
BTW, there is almost certainly an offer if a b/s/t listing contains all material terms and includes “first to say I’ll take it wins”.
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Which is what I have been saying.
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Disturbing to me is some apparently accepted notion that nearly all b/s/t listings here are nothing more than invitations to make an offer, especially when all material terms are expressed in the listing.
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Disturbing or not, that is the law. Even with all material terms expressed in the listing, unless it says "first to say I'll take it wins," (or some other clearly stated intention to be bound by anyone who accepts) it is nothing more than an invitation to make an offer under the law. Plain and simple.
Like Peter said, most agree that they will nearly always sell to the first person. But this becomes important when the first person is not someone you would want to do business with.