Does this string of emails constitute a contract?

[vandalguy]

What is the name of your state? Oregon

Seller of the item is located in Texas.

If I remember correctly from business law, an advertisement can be equated to either an offer or an invitation to negotiate. The seller of this item posted an online classifieds ad for a set of cylinder heads. I emailed him about 30 minutes after the ad was posted saying that I wanted to buy them. I'll copy and paste the text of the emails, with personal info removed.

My response to ad:
I'd like to buy these. What would shipping be to (My zip code and city/state)

Seller's response:
I'll check. What shipping would you like to use?

My response:
Fed ex is usually the most cost effective if you have one close by. They provide insurance and tracking for free when you ship things.

Also, what payment methods are you willing to accept?

Kelly

Seller's Response:
I have a Fed Ex near by a can get the shipping coast to you in a little while. I'll only except money order/ bank check, or cash.

My Response 1:
Sounds good to me.

I will be able to mail a money order out by wednesday at the latest- earlier if I don’t get called in to work in the next 2 days, just let me know a total with shipping.

Kelly

My Response 2: (sent shortly after the last one)
A quick request as well- could you mark the ad as sold or pending so other people aren't trying to jump in on them?

Thanks,

Kelly

I got called in to work tonight so I won't be around until about 1 am pacific, but if you have any questions or need to get ahold of me you can do so through this email address, or my cell # is XXX-XXX-XXXX

Seller's Final Response:

Sorry, I had one other guy respond back w/ a purchase. If the deal doesn't go through tomorrow, I'll let you know. You are next in line to the heads.


Mark

There seems to clearly be an offer and acceptance here, as well as consideration (in the price listed in the classified ad)

Do I have any recourse if he ends up selling these to someone else after our correspondence?

 

[tranquility]

Even if you did, not really. What are you going to do, sue him? A man in a different state? You have jurisdiction issues. Are you going to Texas to file? If in small claims in your state, how will you serve this guy and if he defaults, how will you collect?

All this for the difference between the cost he was selling them for and the price of what you could get equlivant ones for. How much is that?

 

[vandalguy]

Even if you did, not really. What are you going to do, sue him? A man in a different state? You have jurisdiction issues. Are you going to Texas to file? If in small claims in your state, how will you serve this guy and if he defaults, how will you collect?

All this for the difference between the cost he was selling them for and the price of what you could get equlivant ones for. How much is that?

The difference in price is about $400

 

[tranquility]

It is not worth your time and an attorney will not take the case.

 

[Zigner]

And, I don't think this is a contract...it was still "negotiations" (IMO)