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Old 10-06-2009, 12:59 PM
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Join Date: Oct 2009
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Verbal/email agreement - binding????


What is the name of your state (only U.S. law)? Ohio

Hi,

I apologize if this is lengthy but I feel it necessary to give all the details. All contact was done via email.

I have been looking into buying livestock from quite a few different breeders - I found a person with 3 animals I wanted & asked if they would take less. They said yes & sent me the contract - the contract has NOT been signed & returned, nor has the required deposit been given.

As a courtesy to other breeders I spoke with - I thanked them for their time & reluctantly said I'd found my desired herd elsewhere. One farm in particular has made a counter offer that I would be insane to refuse.

My question is - am I legally obligated to the first breeder?What is the name of your state (only U.S. law)?
  #2  
Old 10-06-2009, 02:28 PM
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Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,324
Quote:
Originally Posted by mactoo View Post
What is the name of your state (only U.S. law)? Ohio

Hi,

I apologize if this is lengthy but I feel it necessary to give all the details. All contact was done via email.

I have been looking into buying livestock from quite a few different breeders - I found a person with 3 animals I wanted & asked if they would take less. They said yes & sent me the contract - the contract has NOT been signed & returned, nor has the required deposit been given.

As a courtesy to other breeders I spoke with - I thanked them for their time & reluctantly said I'd found my desired herd elsewhere. One farm in particular has made a counter offer that I would be insane to refuse.

My question is - am I legally obligated to the first breeder?What is the name of your state (only U.S. law)?
From what you wrote, it sounds like you simply made an inquiry, and never formed a contract, however my opinion is not what matters.

If the sellers think you formed a contract, they can sue for damages (lost profits). It will be up to a court to determine if you actually formed a contract.
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