Question

Debbie promises to sell Brian a one of a kind baseball card for $1,000. Brian says that he does not have the money right now, but will have at it his next paycheck. Debbie gives Brian a signed written notice that the offer will stay open for two months. Does it the analysis change if Debbie is a merchant seller for this to be a firm offer under the UCC?
a. Yes, such offers are not reasonable.
b. Yes, such offers are voidable.
c. Yes, such offers are void.
d. Yes, the offeror must be a merchant, pursuant to the UCC definition of merchant.
e. Yes, such offers are only valid until the sun sets.

Answer 1

Answer:

d. Yes, the offeror must be a merchant, pursuant to the UCC definition of merchant.

Explanation:

The Uniform Commercial Code (UCC) establishes that firm offers can only be made by merchants. They also apply only to the sale of goods, but the baseball card is a type of good.

The problem is that Debbie is not probably a merchant. In order for her to be considered a merchant, she would need to be in the business of buying and selling baseball cards on a regular basis.