Deal accepted, but now no response?

[ivy2012]

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

I advertised a guitar for sale through an online classifieds website a few weeks ago. Recently I received an email from a potential buyer who counter-offered my $500 obo asking price by saying, "Would you be willing to do $250?"

I responded by stating that before considering their offer, I'd have to know how far I'd have to drive to deliver the guitar, because gas money cost would play a factor in accepting or declining the offer.

The potential buyer responded back by letting me know that they would drive to me to get the guitar. I accepted the $250 offer, and wrote back letting them know that we have a deal if they are willing to drive to me to pick it up.

Ever since then, there has been no response from the buyer. I even emailed them my cell number so they could call to set up a pickup time, but still no response to emails and no phone calls either. The only contact info I have for the buyer is their email address.

What actions can I take from this point, if any? Any advice would also be appreciated. Thank you!

[Stevef]

Recently I received an email from a potential buyer who counter-offered my $500 obo asking price by saying, "Would you be willing to do $250?"

That question does not pose a valid counter-offer, it's merely an inquiry regarding the price. In fact, your ad did not constitute a valid offer, only a solicitation for offers.

Your best bet is to find another buyer.

[ivy2012]

That question does not pose a valid counter-offer, it's merely an inquiry regarding the price. In fact, your ad did not constitute a valid offer, only a solicitation for offers.

Your best bet is to find another buyer.

Really? Wow. I'm new to this whole selling items online thing so any advice is appreciated. I've seen other OBO priced items in my local newspaper's classifieds in the past, so I assumed that would be a valid ad offer of an item for sale. I'll remember that piece of info in the future. One thing is for sure, there is so much legal jargon to be aware of in today's world that it almost isn't worth selling anything anymore. Thank you, Stevef!

[Zigner]

Ok, how's this...you made an offer, they made a counter-offer, you made a counter-counter-offer, they didn't accept. Negotiations fell through. Find a different buyer.

[swalsh411]

in today's world

It has nothing to do with "today's world". The basic requirements of a contract in common law date back hundreds of years.

[ivy2012]

It has nothing to do with "today's world". The basic requirements of a contract in common law date back hundreds of years.

^^Some people just love to argue...

[swalsh411]

^^Some people just love to argue...

And some people just love to be ignorant.

[FlyingRon]

You can whine and insult posters here all you want (and Zig's hypothetical is still wrong), an advertisement is NOT an offer. You don't have the tenets of a contract here.

Further, even if there was a contract, you're going to waste more time trying to get anything out of this. You have no damages and civil courts in general, and small claims are even less inclined, to give specific performance in cases like even if there were a contract.

[Zigner]

You can whine and insult posters here all you want (and Zig's hypothetical is still wrong), an advertisement is NOT an offer.

I was talking about the phone call subsequent to the ad.

[tranquility]

You can whine and insult posters here all you want (and Zig's hypothetical is still wrong), an advertisement is NOT an offer

It can certainly be a unilateral offer.

"I will pay $500 to any person who finds and returns my dog, Fifi by the end of the day."

If someone finds and returns Fifi, the person who put the ad in the paper or as a flyer on the wall certainly did make an offer. (Which could be accepted by performance.) While as a general rule, advertisements are not offers, it is because of what an advertisement does not contain that prevents it from being an offer rather than an invitation to offer. To be sure if the OP did or did not make an offer with the advertisement, we'd have to see it to hazard a guess as to if it was an offer or not.

That's not to say I think that (putative) offer was accepted.

[OHRoadwarrior]

The concept of "OBO" ", "or best offer" is not restricted to monetary component. It is comprised of the entire offer package. A non response, from the person offering $250 and pickup, is not necessarily the best offer, if OP finds another person willing to complete the deal for say $200 with pickup tomorrow. I would continue to solicit offers until you truly get the best offer and consummate the deal.

[tranquility]

What gets my hackles up is:

"Would you be willing to do $250?"

If the OP was doing homework rather than asking a real-life question, he should spend a bit of time discussing if that was an offer, a counter-offer or what he feels "would you be willing" means in an outward manifestation of present contractual intent.

[FlyingRon]

What gets my hackles up is:

If the OP was doing homework rather than asking a real-life question, he should spend a bit of time discussing if that was an offer, a counter-offer or what he feels "would you be willing" means in an outward manifestation of present contractual intent.

Well, the fact that it was expressed as an interrogatory makes it not an offer.
"I'll give you $250" would be an offer.

[tranquility]

Um...I wasn't asking a question but making a statement. That particular statement happens to have the answers come out both ways and which is why any law class professor may want to put it in. They're not interested in the answer, but the discussion of the issue. There are no points for choosing offer over not-offer. (Or vice versa.)

[I wouldn't go with the question theory too much. It's better to use your magic words as the rule and then discuss the application of the facts to the rule. But, since offer tends to be at the beginning of the term, if this is homework it is in a low-level or applied class.]