Are you obligated to sell?

TNnative · #1 01/13/11, 01:07 AM

Had a guy pull up in the yard today, interested in my teenage son's Toyota 4x4. He asked my son what he would want for it and son said $xxxx (amount he had considered when he thought about selling it the previous year. Guy looked at the truck and offered a bit less. Son said he would think about it and guy said he would be back Saturday. Son has thought about it and doesn't really want to sell, he has plans (and already bought parts ) to fix it up. Also, this will leave son with no ride to school and work. If guy comes back with full price, is he obligated to sell?

This just really caught my son by surprise, as he has never had someone drive up into the yard and offer to buy something from him.

I should add that guy did not leave name or #. He made mention of my husband's cousin, as though he knew him but when we called cousin to get the guy's name, cousin did not know him. If we could get hold of him tonight or tomorrow, we would just let him know we didn't want to sell.

Trisha in WA · #2 01/13/11, 01:17 AM

No you are not obligated. It's your sons truck and he doesn't have to sell at any price if he doesn't want to, even though he named a price. He can just tell the guy he changed his mind and really doesn't want to sell.

next1 · #3 01/13/11, 02:10 AM

Quote:

Originally Posted by TNnative

Had a guy pull up in the yard today, interested in my teenage son's Toyota 4x4. He asked my son what he would want for it and son said $xxxx (amount he had considered when he thought about selling it the previous year. Guy looked at the truck and offered a bit less. Son said he would think about it and guy said he would be back Saturday. Son has thought about it and doesn't really want to sell, he has plans (and already bought parts ) to fix it up. Also, this will leave son with no ride to school and work. If guy comes back with full price, is he obligated to sell?

This just really caught my son by surprise, as he has never had someone drive up into the yard and offer to buy something from him.

I should add that guy did not leave name or #. He made mention of my husband's cousin, as though he knew him but when we called cousin to get the guy's name, cousin did not know him. If we could get hold of him tonight or tomorrow, we would just let him know we didn't want to sell.

Oh boy, you are really stressed! You are under no obligation to sell - absolutely not!

**Ross** · #4 01/13/11, 06:07 AM

Agreed the other guy refused your son's price by offering less. No offer to sell no obligation. Good for you wanting to stand by your (son's) word though!

foxtrapper · #5 01/13/11, 06:09 AM

Legally, under the UCC, your son is not obligated.

Your son made a selling price offer, the buyer refused, and made a counter offer. The initial offer is legally null and void at this point.

Your son did not accept the buyers counter offer. A statement along the lines of "I'll think about it" are not an acceptance. They are merely an indication of willingness to further discuss negatiation.

Only if your son had said "yes" to the buyers counter offer would there be a legally binding verbal contract.

Because the buyer rejected (important legal distinction) your sons price, that offer is legally gone. The buyer has no legal ground to stand on, saying he will now meet that price. Nor is your son legally obligated to re-offer the truck at that price. Only if the buyer had said, at that time, he would buy at that price would there be a legally enforceable verbal contract.

7thswan · #6 01/13/11, 07:24 AM

Th awnser is No.

therunbunch · #7 01/13/11, 08:37 AM

I'd be creeped out by:

1. The guy pops up out of nowhere and asks to buy something that isn't even for sale.
2. You don't know the guy.
3. Guy claims to know a family member.. but family member doesn't know him (?)

And no.. no obligation.

EasyDay · #8 01/13/11, 08:45 AM

Quote:

Originally Posted by therunbunch

I'd be creeped out by:

1. The guy pops up out of nowhere and asks to buy something that isn't even for sale.
2. You don't know the guy.
3. Guy claims to know a family member.. but family member doesn't know him (?)

And no.. no obligation.

I find nothing creepy about this. If you're driving by and see something your interested in, what's the harm in stopping and asking if they want to sell? Many folks have things that they don't think about selling until you make an offer.

But, no, your son isn't obligated to sell.

Rick · #9 01/13/11, 08:46 AM

Quote:

Originally Posted by therunbunch

I'd be creeped out by:

1. The guy pops up out of nowhere and asks to buy something that isn't even for sale.
2. You don't know the guy.
3. Guy claims to know a family member.. but family member doesn't know him (?)

And no.. no obligation.

Makes red flags spring up for me. No firm agreement, no obligation. Period.

wwubben · #10 01/13/11, 08:54 AM

You are not obligated.If you do sell-----get cash from a situation like that.

TnAndy · #11 01/13/11, 08:54 AM

Somewhat along those lines:

We put our old car in the paper for sale when we bought our last new one in 1998. Honda Accord, in decent shape, mechanically and body, but it was 10 years old, with 120k miles.

First gal to come look at it brought with her this real KNOTHEAD. She seemed real nice, but this guy had attitude out the wazoo. They test drove it, I offered to take it to the mechanic of their choice for any inspection ( at their expense, of course ) they wished, but this guy kept insisting the car had been wrecked ( it hadn't )....."see the overspray here".....I couldn't see anything.....he kept on and on, basically standing in my drive calling me a liar, and I finally told them "the car is no longer for sale to YOU.....git" and suggested the next time the gal looked at a car, take somebody else with her!

Next kid that came looked came back second time to buy it, but asked if I would take a deposit, because the credit union would only lend 3500 on the car ( we were asking 4,000 ) and he needed another day or two to come up with the other 500. He was such a nice kid, I said "hey....if that's what they will lend, that's probably what the car is worth....you take it for that, and forget the 500.....and I hope it serves you as well as it did us"

mtfarmchick · #12 01/13/11, 09:34 AM

We were looking for a pick up for our daughter and found one on Craig's list. We called the guy, he accepted what we offered and we told him we were leaving the next day to get the pick up. It was by Billings, MT. We are about 350 miles from there. He gave us directions to his house, told us where the pick up was located at the house. We got there...no pick up. We thought maybe he just ran to the store or something. We called the house, talked to the guy's mom (the guy was in his 30's). She told us he went fishing and someone came and got the pick up earlier. He sold it to someone else, knowing we were driving that far to get it. So I would say, no, you are not obligated to sell it.

puddlejumper007 · #13 01/13/11, 09:55 AM

boy i would hang on to that truck they run forever.....love them

**Terri** · #14 01/13/11, 09:55 AM

Legally, a sale is an offer and an acceptance. He has made the offer but your son has not made the acceptance.

Bearfootfarm · #15 01/13/11, 10:11 AM

Quote:

I'd be creeped out by:

1. The guy pops up out of nowhere and asks to buy something that isn't even for sale.

I don't see that as unusual at all.

You'd be surprised how often you can get a good deal on things people don't use by simply asking if they would like to sell it.

I once bought a perfectly good boat trailer for $50 simply because I noticed weeds grown up around it, and stopped to asked if they would like to sell it.

I also bought a nice little Jon boat for $75 because I noticed it hadn't been moved in over a year.

braggscowboy · #16 01/13/11, 10:15 AM

Don't know the age of your son, or if the vehicle is in your name, or his? My guess, he was just being nosey or thought he would steal it for a low price, and will not be back!

PNP Katahdins · #17 01/13/11, 10:16 AM

If the buyer were serious, he'd have left a phone number. Some buyers love to negotiate. Most sellers don't.

Peg

arabian knight · #18 01/13/11, 10:30 AM

Quote:

Originally Posted by Bearfootfarm

I don't see that as unusual at all.

You'd be surprised how often you can get a good deal on things people don't use by simply asking if they would like to sell it.

I once bought a perfectly good boat trailer for $50 simply because I noticed weeds grown up around it, and stopped to asked if they would like to sell it.

I also bought a nice little Jon boat for $75 because I noticed it hadn't been moved in over a year.

Neither do I.
And I also got a deal once by "just stopping by.
a 1955 Chevy~! Now this was many years ago, but I offered the farmer 50 bucks, he was just using it to go "out after the cows"
I said ok how about what year it is 55 Bucks. He took it.
Now I wish I had that car, but I drove for years. 55 bucks for a 55 Chevy. Not bad at all.

#19 01/13/11, 10:34 AM

we had people come by our place a couple of times and offer to buy things. once dh was cleaning out the garage and we had to put a sign up that we were not having a garage sale because we had so many browsers.

arabian knight · #20 01/13/11, 10:37 AM

How about this. Years ago I was riding my Purebred Arabian gelding, alongside a road, a car pulls up, and asks me if I wanted to Trade. Her car for My Horse!
Well I told the person no, ya right~! trade a car for my horse.
Well come to find out that CAR she wanted top trade me, was a 1957 Corvette, and the family had 3 Corvettes, and belonged to a Corvette club.
BOY did I mess up Big Time by saying no, Something like that will never happen again. A Once in a life time deal. So there was a person "Just Stopping" nothing wrong at all with that.