Originally Posted by dkzzzz
So if I list, let's say a car in a news paper and someone calls me and tells me :"I will pay your asking price" and I reply:” Sorry the car is already sold to the higher bidder” he/she can sue me in court and get my car because I listed it in a news paper? This is a Pickwick club law, as in : “He took me for tea and cookies and I assumed it is a marriage proposal.”
No. I really recommend that you not try this law stuff, some one may get hurt. The newspaper listing is considered by many courts simply to be an advertisement of an item for sale and, hence, an invitation to examine, consider, and offer. The potential buyer saying he or she is willing to buy is the offer. The contract is formed when the potential seller says he/she is willing to sell. Moreover, implicit in any advertisement is the possibility that one may not be the first in line to buy. However, even if the advertisement were to be deemed the actual offer, as is often the case for example with licensed commercial auto dealers, the sale of the vehicle to someone first is sufficient to, in effect, retract the offer.