Hanahan, SC asked in Business Law and Contracts for South Carolina

Q: Does the initial listing that you post when you’re selling a used item online account as a legal contractual offer?

Basically I was trying to sell my used computer and I posted it on various apps and online marketplaces and I forgot to take it down on one of them after I sold it. I just want to know if those initial listing are considered contractual offers or are they viewed more as invitations to offer or advertisements? How am I legally bound or am I even legally bound contractually to a listing to sell something in an online marketplace? I just don’t understand when an actual offer and acceptance are considered to be made in these situations.

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1 Lawyer Answer

A: FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In this case the amount of money involved is way too small to be of interest to most lawyers; and you are advised not to worry about it either, because it does not matter. If you no longer have the used computer then it is obvious that you cannot (lawfully) sell it--again. Right? Forget it.

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