Legal Question in Business Law in Colorado

retail sales.

I work for a stereo shop. I won a system about a year ago and chose to sell it to a friend of a friend. This was all oked by my boss. This person also bought some other equipment at a very low price. At the time I offered him a very low price on a pair of speakers from my store. He did not buy the speakers at that time. Now almost a year later he wants me to honor that same price or buy back the system. I told him I could not do that, that many things had changed. He now wants to sue me. Can he?


Asked on 5/05/99, 1:58 am

1 Answer from Attorneys

Dymond Steven Steven H. Dymond P.C.

Re: retail sales.

I doubt it. WHile I do not offer a legal opinion due to the limited facts, consider the following; unless you promised that you would sell speakers as an inducement for the friend to purchase the system (i.e if you do this Ill do that) then theres no contractual obligation. Furhter, it is unreasonable for your friend to think that the offer will stay open indefinitely. (I sure would like to buy the Les Paul guitar my buddy has at the same price I offered in 1972).

Unless there was an agreement to sell the speakers in order to induce the sale of the system, then there is no obligatoin. The inital offer was refused. Tell your friend that yo umade the best offer you could at the time, and he rejected it. tell him your willing to do the best you can now. If he sues you, I cannot imagine any judge siding with someone that thinks an offer remains open indefinitely, and that wainting a year to accept it is a reasonable approach.. Your "friend" is blowing smoke and trying to intimdate you. Review the sales agreement to be sure you did not put somthing in writing to the contrary. He cannot force you to re-purchase the used equipment. If he sues, he should only be entitled to the difference between the current speaker price and the old price, if he could prove a contractual obligation to sell at the old price, i.e presumably. It is a good lesson not to do business with "friends" or "family". Good Luck.

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Answered on 5/06/99, 2:07 pm


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