Full question:
Is it legally possible in a commercial setting to sell something to a person without first SOLICITING that person. For this assume the product and the transaction is legal. Personally, I do NOT believe it is possible to sell anything to anybody without first soliciting them. Also..... 'Please cite the legal sources of your opinion.'
- Category: Misc
- Date:
- State: Iowa
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
This question is interesting, though I think simply answered. Why do you ask?
Is it possible in a commercial (or indeed in any) setting to sell something to a person without first SOLICITING that person? I have to agree with you - it isn't possible to sell something to someone without first soliciting them. With one possible exception.
A solicitation is an offer to sell. This offer may take many forms - a verbal offer, a sign outside a business, an ad in the paper, etc. Without SOME form of solicitation, there is no offer to sell. Without offering to sell, how does a buyer know that anything is for sale? I don't think a buyer can know, and thus it would be difficult to sell to them. How can a person buy something they do not know is for sale? It isn't logically possible. The definitions of the words we're discussing don't allow such a situation to exist.
The possible exception is if someone makes an offer to buy, without knowing if an item is for sale. So they haven't been solicited. If you sell them the requested item (your watch, for example, which they just offered to purchase from you for $10,000), did you sell something to someone without first soliciting them? I suppose you did, without soliciting them. They solicited you! They are simply making an offer to purchase - without knowing whether the offer will be accepted. It's a (reverse, rather than an orthodox) solicitation. In the sense that a solicitation is at its core an invitation to make an exchange (goods/services for money), this offer to purchase is no different - it's an invitation to make an exchange.
Boil your question down to: "Can there ever be an exchange without a solicitation?" No, I think not - not an agreed exchange. There must be an offer, and an acceptance. The offer can always be defined as a solicitation.
The legal source of my opinion is my JD degree, my brain, logic and checking the definition of 'solicit' at dictionary.com. Your question is not a legal question. It's a question about the meaning of words. You aren't going to find the answer to your question in any case, statute or law book. I'm a lawyer and my business is to know and argue about the meaning of words. I hope I gave you your money's worth.
Best wishes!
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
