Craigslist Transaction - Seller sold to someone else! Breached?

[SirDomino]

What is the name of your state? FL

I emailed a seller on Craigslist offering a specified amount for an item. A week later I receive an email from the seller saying she would accept my offer. So I emailed back to schedule a pickup.

She claimed that I waited too long to respond to her offer (it had been 8 hours since she emailed me) and she had sold it to someone else for a better deal.

Since she accepted my offer, is she in breach for selling it to someone else?

 

[Zigner]

...is she in breach for selling it to someone else?

Nope *******

 

[BoredAtty]

Nope *******

Why do you think there was no breach?

OP made an offer.
Seller accepted the offer.
Contract was formed.

Unless I'm missing something, the seller did breach the contract.

 

[SirDomino]

Why do you think there was no breach?

OP made an offer.
Seller accepted the offer.
Contract was formed.

Unless I'm missing something, the seller did breach the contract.

That is what I thought as well. I offered her $150, she accepted. She then resold it after notifying me of her acceptence of my offer. The item sells for around $250-$300 used, and around $500 brand new. Her item was in "like new condition" so if I were to purchase it from someone else in similar condition it would be around $300.

I would just like to know if the email correspondences were indeed a contract (The initial offer, and the acceptence) and if by her reselling it after accepting my offer constitutes a breach? Does the "you didn't respond fast enough" justify her breaking the contract? A time limit was never mentioned, and I did respond as soon as I could.

 

[racer72]

You can sue for the amount of out of pocket expenses you incurred. What is 0 minus 0?

 

[Zigner]

There was a time frame involved which was not adhered to by our OP.

(Get back to me asap).
Obviously, if OP feels there was no time frame involved, then there was no meeting of the minds...

 

[BoredAtty]

You can sue for the amount of out of pocket expenses you incurred. What is 0 minus 0?

Actually, the OP can purchase a comparable item from another seller (for a reasonable price), and sue the breaching seller for the difference if there is one.

 

[BoredAtty]

There was a time frame involved which was not adhered to by our OP.

(Get back to me asap).
Obviously, if OP feels there was no time frame involved, then there was no meeting of the minds...

What time frame?

 

[SirDomino]

There was a time frame involved which was not adhered to by our OP.

(Get back to me asap).
Obviously, if OP feels there was no time frame involved, then there was no meeting of the minds...

There was never any time frame. Considering I waited a week for her response, I don't see how she can justify me not responding fast enough.

Email 1:

I can offer $150, please let me know.

Reply 1:

If your still interested I will accept the $150.

Email 2:

Great! Please let me know the best time for me to come by and pick it up!

Reply 2:

Sorry, You didn't respond fast enough, its sold.

Email 3:

I responded as soon as I could, is it really already sold?

Reply 3:

I waited as long as I could, as I wanted it gone, sold it to someone else. sorry.

 

[Zigner]

That's not a contract - you feel there was no time frame. Seller felt there was one.
Also, you will NEVER be able to prove any difference in price since you (1) Never really saw the item and (2) can't prove that an item which you might pay more for is in the same condition.

 

[BoredAtty]

There was never any time frame.

Email 1:

I can offer $150, please let me know.

Reply 1:

If your still interested I will accept the $150.

Email 2:

Great! Please let me know the best time for me to come by and pick it up!

Reply 2:

Sorry, You didn't respond fast enough, its sold.

Email 3:

I responded as soon as I could, is it really already sold?

Reply 3:

I waited as long as I could, as I wanted it gone, sold it to someone else. sorry.

Well, you added new info here. In prior posts, you claimed that she accepted your offer. So my advice was based on that being a fact. I'm not so sure that "If your still interested I will accept the $150" is an acceptance to your offer.

The seller could argue that she had merely promised to accept the offer in the future if it were still on the table. If so, that promise is meaningless.

The answer will depend on what a judge decides a reasonable person would think those words meant. It could go either way.

 

[BoredAtty]

That's not a contract - you feel there was no time frame. Seller felt there was one.

For the record, it doesn't matter what the seller felt. What's important is what a reasonable person would think (Google: "Objective Theory of Contract").

 

[SirDomino]

Lots of good points here!

I would think a reasonable person would feel a minimum of 12, even 24 hours for a response is warranted.

I offered, she accepted, I accepted her acceptence. Seems pretty cut and dry to me. THere were no time limitations placed, and any reasonable person wouldn't assume its an ASAP situation, as it was never mentioned anywhere in her original post or the emails.

Not to mention if she had already sold it prior to my response she should have contacted me to let me know before.

Just my opinion though. Regardless she already sold it and its probably not worth my time or money to pursue it.

 

[Zigner]

Regardless she already sold it and its probably not worth my time or money to pursue it.

That's a very reasonable and prudent viewpoint

 

[seniorjudge]

You can sue for the amount of out of pocket expenses you incurred. What is 0 minus 0?

This is the correct answer.

No damages.

No case.

Even if.