You are looking to buy a motorcycle, despite your spouse’s strong objections. On

Question

You are looking to buy a motorcycle, despite your spouse’s strong objections. On Saturday morning you go to Jerry’s Motorcycle Shop. There you see the motorcycle of your dreams. It is a two-year-old beauty which Jerry can tell you really want to own. He offers to sell it to you for $15, 500. You hesitate, knowing you really need to discuss it with “she who must be obeyed.”   When you don’t return by Monday, Jerry sends you a letter telling you that he will hold the offer open until the following Friday. On Thursday morning, a customer comes in and agrees to buy that motorcycle for $16,000, and Jerry sells him the motorcycle. On Friday morning, you come in to accept his offer, only to find that the motorcycle has been sold. Can you bring a successful action against Jerry for selling the motorcycle to another? Explain your answer.

Explanation / Answer

In this case, the seller is free to sale his product if he is receiving the better prices from any other customer despite having the offer period prevailing. This is because of the clause of unpaid seller in which an unpaid seller has the full right to sale his product if he receives a better offer for his product. Thus Jerry does not have any legal remedies against the seller.

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