Question: We observe in many market places that customers have to bargain/negotiate for certain products, the seller states one price, and buyer counter offers with seller’s price and if not accepted, leaves the place without further negotiation. However, some sellers calls them back to sell it for buyers price, some returns back and takes it and others don’t. My question is that, is the buyer under obligation to buy the product at the stated price in any circumstances?

Answer: During the bargaining/negotiation, if the seller offers a price and buyer does not accept that price or even the buyer makes counter offer and has been rejected, this offer and acceptance is void. Similarly after the seller’s offer if the buyer leaves the place without accepting it or refuses to accept at this price then also, renders invalid in other words no contract has been formed. According to the narrative statement, at this point the offer and acceptance was not met therefore, buyer is not under any obligation to buy the product. So the person who returns back to buy it this will be regarded as a new offer and acceptance from the buyers prospective therefore, has a freedom either to buy it or reject it.

References: [1] Badaius Sanai vol-6:477. [2] Radd al Muhtar, vol-7:18. [3] Al-Bahrur Raiq, vol-5:412.