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Old 10-29-2012, 05:13 PM
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Peter_Spaeth Peter_Spaeth is online now
Peter Spaeth
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Yes, the OP's first communication to JP was simply an inquiry, but JP's reply -- that he would sell the card for a certain price and to let him know -- sure sounds like an offer to me. (If it wasn't an offer, what was it?) JP had the right to rescind it, but he did not, so when the OP accepted it within a reasonable time, they had a deal.

If the buyer had hit JP's BIN on ebay, and JP had then said sorry no sale I repriced it, I don't think anyone would be defending JP (perhaps I am wrong). So what's the difference in the two situations?
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Old 10-29-2012, 05:26 PM
Kenny Cole Kenny Cole is offline
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Quote:
Originally Posted by Peter_Spaeth View Post
Yes, the OP's first communication to JP was simply an inquiry, but JP's reply -- that he would sell the card for a certain price and to let him know -- sure sounds like an offer to me. (If it wasn't an offer, what was it?) JP had the right to rescind it, but he did not, so when the OP accepted it within a reasonable time, they had a deal.

If the buyer had hit JP's BIN on ebay, and JP had then said sorry no sale I repriced it, I don't think anyone would be defending JP (perhaps I am wrong). So what's the difference in the two situations?
The answer is none. IMO, there was an offer and acceptance for a specified consideration. Thats a deal.
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Old 10-29-2012, 05:36 PM
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Is real estate somehow different? I've seen homes on the market where the seller receives a full price offer, but the seller rejects it. I never understood how that was "legal" either. The house is for sale at a certain price, but then the price is raised after an offer is made at the full price. Why is this ok?
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Old 10-29-2012, 05:57 PM
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Putting a house on the market is not an offer. It is, in legal terms, an invitation to treat (bargain). The BUYER makes an offer, as you yourself said, and it is then up to the seller to accept or reject it.
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Old 10-29-2012, 06:13 PM
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I have traded crude oil for 28 years. If someone makes a firm offer(or bid) they indicate it as such and they indicate for how long the offer/bid is firm. An example would be that I would sell you X bbls of crude oil at $Y/bbl and that offer is firm for one half hour. Other than that, without the word "firm" in the bid or offer, the price is just considered an indication which needs to be reconfirmed if someone desires to consummate a deal. The card market is certainly less volatile than the commodity markets, but if it was me I would assume that if someone indicated a price for a card to me, and the next day I decided that I wanted to buy the card, I would have to go back and reconfirm the price.

Last edited by oldjudge; 10-29-2012 at 06:14 PM.
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Old 10-29-2012, 06:19 PM
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I don't think the analogy to a volatile commodity holds. If someone offers me a vintage baseball card for a certain price and says "let me know," I assume if I say within a reasonable time "I'll take it" that we have a deal.
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