Legal Question in Business Law in California

items for sale

when a sign says, for sale, $12,000 or best offer, can you hold the seller to a best offer if its the only offer recieved? If you ask, have there been any other offers, and the answer is no, does that constitute an offer to sell at best offer?


Asked on 7/06/06, 10:52 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: items for sale

No. The sign is an invitation to do business with the seller and not a promise to sell if specific conditions are met. The same is true of other sale advertisements, including those which set a price and don't say "or best offer".

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Answered on 7/06/06, 11:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: items for sale

The phrase "or best offer" is almost universally understood by judges and legal scholars to be an invitation to make offers lower than the asking price, which the seller may accept or refuse at his sole option.

The law of formation of contracts long ago moved away from strict, literal and mechanistic interpretation of such phrases. A linguist or a professor of logic could argue that "or best offer" necessarily implies that if no offer better than 5c is received for the used Cadillac advertised in the paper, the seller has committed to accept a nickel. In 1700, the law might have agreed, but the modern position of the law (Say, 19th Century onward) is that "or best offer" is not that commital and merely expresses a willingness of the seller to consider offers lower than the stated price.

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Answered on 7/07/06, 12:53 am


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