Legal Question in Consumer Law in Wisconsin
once payment is made and accepted for goods and/or services, is this now a legal and binding contract to fulfill this order?
1 Answer from Attorneys
Possibly yes, payment by one party and acceptance of payment by another can sometimes can serve as evidence of the existence of a contract. However, the next question is often "a contract for what?" It might often mean little more than offer and acceptance of a price without fully defining what is expected for that price. For smaller purchases, such factors as advertised pricing, representations made in the advertising, and correspondence can sometimes be used to fill in the details and determine the nature of the agreement, but only if no better evidence (such as a formal written agreement) is available. However, for larger purchase such as real estate, far more may be required than a mere exchange of money. My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at www.jayknixonlaw.com, or view over 15 years of my previous answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.
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