Master the distinction between offers and preliminary negotiations.
Owen v. Tunison, 158 Me. 527, 131 A.2d 926 (1957)
Owen wrote to Tunison asking about purchasing property: "Will you sell for $6,000?" Tunison replied: "Because of improvements, it would not be possible for me to sell it unless I was to receive $16,000." Owen responded agreeing to pay $16,000. Tunison refused to sell, claiming his statement wasn't an offer.
A statement of price or willingness to consider selling at a certain price is not an offer but an invitation to negotiate. An offer must manifest present contractual intent and be definite enough that acceptance would conclude a bargain.
The court held Tunison's statement was not an offer but merely a willingness to negotiate. The phrase "it would not be possible...unless" suggested the property wasn't actually for sale and was not definite enough to constitute an offer.
This case teaches the critical distinction between offers and preliminary negotiations. Courts look for definiteness and commitment, not mere willingness to discuss terms.