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RGMacEsq, Attorney
Category: Business Law
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Experience:  Licensed Texas General Practice Attorney
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Peter visited a car dealership and test-drove a used car. After

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Peter visited a car dealership and test-drove a used car. After discussing the price with the salesman, Brian, and learning that he could purchase the car for $500 less than the sticker price, Peter asked Brian to hold the car for him until 8:00 that evening so that he could bring his wife back to see the car. Brian agreed, writing out a note promising not to sell the car before 8:00P.M. The note was written on dealership stationery, but Brian did not sign his name. The dealership broke its promise and sold the car to Stewie before 8:00 P.M. was it free to revoke its offer to Peter? Stewie, the new purchaser of the car (and a nonmerchant), later offered in a signed writing to sell the car to Lois and to hold the car for her until she returned with her husband. Could Stewie revoke this offer? Discuss the outcome using legal principles. APA style 250-350 words. Please cite.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Does this need to specifically be Florida law or general legal principals?

RGMacEsq :

Here's the answer as it pertains to general law:

RGMacEsq :

In the first situation between Peter and Brian, Brian promised to hold the vehicle for Peter for a certain time period. It can be either a “firm offer” or not, depending on what version of the UCC the state is using. Under the old UCC § 2-205 Firm Offers: “An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.” The new UCC does away with the signed requirement, and rather only requires an authenticated record. So Peter may be able to recover, but only if his state is using the new UCC.


In the second situation, Stewie could revoke the offer at any time before the offer is accepted, because it is not accompanied by an option. Stewie is not a merchant, and therefore not subject to the additional laws that apply only to merchants. He could revoke this “firm offer” at any time, even before she returns with her husband, so long as the revocation is communicated to Lois. A revocation of a contract does not have to be communicated from the offeror to the offeree, but the offeree does need to have some knowledge of the revocation.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

RGMacEsq :

If there is something else that I can help you with, please let me know.

Customer : This is only General legal principles. Only for homework purposes.
RGMacEsq :

Then what I stated should do the trick. Again, there are two different UCC versions, and under the old UCC, that would have required a signature. The new one only requires authentication of the writing.

RGMacEsq :

Did that help?

Customer :

Thank you, RG

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