# Is this a legally binding offer? **URL:** \ **Category:** Factual Questions\ **Created:** [January 7, 2025, 6:25pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681 "2025-01-07T18:25:13Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![HMC](https://avatars.discourse-cdn.com/v4/letter/h/4bbf92/32.png) [@HMC](https://boards.straightdope.com/u/HMC)\ **Post date:** [January 7, 2025, 6:25pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/1 "2025-01-07T18:25:13Z")
Not looking for legal advice, as I plan on just ignoring this letter, but found it really strange and wondering if there were some legal ramifications to it. A local real estate company sent me a letter in the mail, in the letter there was a printout of my home’s Zillow profile (which is also strange to me because my home isn’t on the market) In the Zillow profile there is my home’s market value, and the agent then circled the price in pen, and made a note “Would you sell for 10% more than this, if so contact me” To me that looks like a straight up offer for the agent to buy my home at 10% over market value. If I did want to sell, would they be bound to this? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [January 7, 2025, 6:28pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/2 "2025-01-07T18:28:40Z")
If it was legally binding, they would never make it. They have no idea what shape your home is in(plumbing, leaky roof, etc.). ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [January 7, 2025, 6:31pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/3 "2025-01-07T18:31:24Z")
IANAL, but, to me, it has “Invitation” written _all over_ it: > **[Difference between Offer and Invitation to Offer](https://testbook.com/key-differences/difference-between-offer-and-invitation-to-offer)** > > Learn the key differences between Offer and Invitation to Offer, two legal concepts in contract law. Understand how they differ in terms of the party making the offer ---
**Author:** ![HMC](https://avatars.discourse-cdn.com/v4/letter/h/4bbf92/32.png) [@HMC](https://boards.straightdope.com/u/HMC)\ **Post date:** [January 7, 2025, 6:38pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/4 "2025-01-07T18:38:41Z")
“Specific” might be up for debate in this case. Circling my homes market value and stating “would you sell for 10% more” is pretty specific, in that there is a specific number. Also “contact me” is pretty specific in that there is a buyer, in this case the agent. Also also the fact that the agent physically put pen to paper to make this, intent? ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [January 7, 2025, 6:49pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/5 "2025-01-07T18:49:30Z")
It’s just an agent looking for a house to sell so they can make their commission. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [January 7, 2025, 6:50pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/6 "2025-01-07T18:50:38Z")
> [@HMC](#): > > Circling my homes market value and stating “would you sell for 10% more” is pretty specific, in that there is a specific number. “Would you {…}?” is one key element where, IMHO, it doesn’t rise to the level of an offer. > [@HMC](#): > > Also “contact me” is pretty specific in that there is a buyer, in this case the agent. I doubt any court would interpret it that way, though. ---
**Author:** ![Cardigan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cardigan/32/187_2.png) [@Cardigan](https://boards.straightdope.com/u/Cardigan)\ **Post date:** [January 7, 2025, 6:51pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/7 "2025-01-07T18:51:43Z")
This is a question, not an offer. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [January 7, 2025, 6:52pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/8 "2025-01-07T18:52:26Z")
They’re certainly inviting you to hire them as your selling agent. Nothing more. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [January 7, 2025, 6:57pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/9 "2025-01-07T18:57:08Z")
If you’re bored, here’s a 19-page PDF that will allow you to take a deep dive into the basic legal question at hand: [**The Choice of a New Generation: Can an Advertisement Create a Binding Contract? Leonard v. PepsiCo, Inc**](https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3454&context=mlr) ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [January 7, 2025, 6:59pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/10 "2025-01-07T18:59:51Z")
Different fact pattern, but the holding seems on point: > **[Owen v. Tunison | Case Brief for Law Students | Casebriefs](https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-farnsworth/the-bargaining-process/owen-v-tunison/)** > > Citation131 Me. 42, 158 A. 926, 1932 Me. 10 Brief Fact Summary. Plaintiff sent a letter to Defendant asking to buy a certain property for $6000. Defendant wrote a reply that described that “it would not be possible to sell unless I was to receive... > **Synopsis of Rule of Law** : An offer is an act that must express the will or intention to allow an offeree to reasonably believe that the power to create a contract. It excludes situations that evidence intent to deal or open negotiations. ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [January 7, 2025, 7:01pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/11 "2025-01-07T19:01:33Z")
And a similar case from England: > **[Harvey v Facey](https://en.m.wikipedia.org/wiki/Harvey_v_Facey)** > > Harvey v Facey , is a contract law case decided by the United Kingdom Judicial Committee of the Privy Council on appeal from the Supreme Court of Judicature of Jamaica. In 1893 the Privy Council held final legal jurisdiction over most of the British Caribbean > n. Its importance in case law is that it defined the difference between an offer and supply of information. The Privy Council held that indication of lowest acceptable price does not constitute an offer to sell. Rather, it is co The case in... ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 7, 2025, 7:08pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/12 "2025-01-07T19:08:12Z")
You can’t be legally bound by a vague question, period. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [January 7, 2025, 8:04pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/13 "2025-01-07T20:04:51Z")
There is no offer in that letter, legally binding or otherwise. There is only a question and an invitation to call them. It could just be a market survey. I mean, we know that’s not what it is, but a survey could be worded the same way. Someone could just be wondering how many people in the area would sell their home for 10% over market. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [January 7, 2025, 8:20pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/14 "2025-01-07T20:20:58Z")
Exactly. I read it as just a simple question. Your answer could be “Why yes!” and their reply could be “OK, just wondering.” There’s nothing in there where someone is offering to buy your house. They’re just curious how much you’re willing to sell it for (well, no, what they want you is to call them to be your selling agent, most likely.) ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [January 7, 2025, 8:25pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/15 "2025-01-07T20:25:53Z")
> [@Cardigan](#): > > This is a question, not an offer. Agreed. If there were a solid offer to buy your home for 10% over its Zillow estimate, the real estate agent would have worded it as such. It is _not_ saying “I will buy your home for $X” or “I have a buyer who is interested in buying your home for $X.” The actual verbiage that is being used in the mail piece amounts to, “would you be interested in selling your home if the price were 10% over this number? If so, let’s talk.” It is, as others have noted, an invitation to talk with a real estate agent, and nothing more. Also, generally speaking, real estate agents aren’t in the business of, themselves, buying homes. They act as agents and go-betweens between people looking to sell their home, and people looking to buy a home, and facilitate the transaction between those two parties. ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [January 7, 2025, 9:08pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/16 "2025-01-07T21:08:07Z")
> [@DavidNRockies](#): > > “Would you {…}?” is one key element where, IMHO, it doesn’t rise to the level of an offer. > [@Cardigan](#): > > This is a question, not an offer. This was my thought. “Would” is conditional, a question. It is not a firm statement of intent. “contact me” does not imply “I _will_ buy your home (at that price)”. It simply suggests they want to discuss the possibility. I would imagine that when the issue is at the price level of a house, the court would want to see a less vague suggestion that there is a firm offer. ---
**Author:** ![Roderick\_Femm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/roderick_femm/32/14875_2.png) [@Roderick\_Femm](https://boards.straightdope.com/u/Roderick_Femm)\ **Post date:** [January 7, 2025, 9:09pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/17 "2025-01-07T21:09:41Z")
> [@HMC](#): > > A local real estate company sent me a letter in the mail, in the letter there was a printout of my home’s Zillow profile (which is also strange to me because my home isn’t on the market) I believe Zillow has data on almost all homes in the areas they cover, so it’s not strange that there’s a profile. The agent may believe that the Zillow quote is actually below market, especially if that agent has a lot of experience with homes in your area. Anyway, I agree with everyone else that this is a marketing maneuver, not any kind of offer. Just for interest, I looked at 6 different sites that offer sight-unseen value-estimates for homes, there was a range of about 9% from the highest to the lowest. In my case, Zillow was the highest, so if someone made a firm offer of 10% over that, I would be very tempted. My husband would probably shoot me, but whatever. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [January 7, 2025, 9:18pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/18 "2025-01-07T21:18:11Z")
Zillow is pretty well known for pumping out “should sell for” numbers that are pretty much seller-is-dreaming numbers. Once in awhile in a very hot market that might be justified. Elsewhere / elsewhen? Not so much. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 7, 2025, 10:21pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/19 "2025-01-07T22:21:13Z")
[Moderating] Just to be clear, the OP is not seeking legal advice about their actual situation, since they’ve already decided against pursuing this “offer”. They’re asking a general question about a hypothetical. That makes this thread fair game to stay in FQ. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [January 13, 2025, 9:02pm UTC](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681/20 "2025-01-13T21:02:57Z")
Article noting that “Zestimates” can be off by quite a bit. [Why your home's Zestimate valuation is incorrect in 2023 - Zia Group](https://ziagroup.com/why-your-homes-zestimate-valuation-is-incorrect-in-2023/#:~:text=According%20to%20a%20study%20by,about%20half%20of%20the%20time). I agree that the real estate agent is trolling for potential customers, rather than making a definitive offer without knowing what improvements or deficits a property has. [Next page](https://boards.straightdope.com/t/is-this-a-legally-binding-offer/1012681.md?page=2)