Question on legality of "offer"

[domain_investor]

Scenario: Party A sends an email to Party B and says he'd be interested in purchasing a domain name for $X. Party B does not say yes. Party A subsequently discovers a trademark exists on the name and emails Party B and says sorry, can't buy it, there is a trademark on the name. Party B tells me that he didn't really want to do the deal anyway.

Then...the owner of the company of Party B, with a history being dishonest, must have sensed an opportunity to unload a trademarked name and just writes me and says that he accepts my formal offer and gives instructions on going to escrow.com and depositing the funds.

I normally would not post something here that seems like it has such an obvious answer, but since this company has a history of scam practices, I'm sure I'll get a threatening letter back. Just looking for the right thing to say back to end it so I don't waste too much time on it.

I'm Party A.

The way I see it, 1) even if I tell someone in email I'm interested in buying something for $X, I can't be forced to not change my mind. God knows people do it to me all the time.

2) The employee refused my offer, and then I also withdrew my offer (due to trademark) to the employee, before the owner "accepted" my offer. By the way, the employee does ALL the negotiating, to the point I wonder if there is really an owner.

 

[danielg]

You are not bound since you wrote to them saying you were no longer interested. Ever walk into a car dealership and work out a deal and then something comes up about the car that you dont like? Color(s) thats in stock, packages/options..

I would love to see them come to your house and force the money out of your wallet...

My suggestion would be to just walk away and ignore them

 

[jberryhill]

The offer was retracted before it was accepted. Hence, there was no live offer at the time of B's acceptance.

No contract.

 

[INVIGOR]

Common sense prevails. Not only was the offer retracted, there was never a contract. An offer I don't believe constitutes a formal agreement. In any case, I wouldn't waste a drop of sleep over it.

 

[Dave Zan]

Common sense prevails.

Even that isn't so common nowadays, which is probably why the OP asked.

 

[ChrissyBoi]

Common sense prevails. Not only was the offer retracted, there was never a contract. An offer I don't believe constitutes a formal agreement. In any case, I wouldn't waste a drop of sleep over it.

An offer would form one part of a formal agreement if it was accepted - but in isolation it means nothing.

A bit of a moot point of course, as Mr Berryhill is correct in his summation - as you would expect!