Guide to Antitrust Laws
A firm's refusal to deal with any other person or company is lawful so long as the refusal is not the product of an anticompetitive agreement with other firms or part of a predatory or exclusionary strategy to acquire or maintain a monopoly.
Yes, you can refuse sales to anyone for any reason unless it's because they're part of a protected class.
The doctrine on refusal to sell basically followed today in the United States is that a seller may refuse to sell to any person for any reason satisfactory to himself, so long as this is the result of his own independ- ent judgment and is not in restraint of trade or otherwise in violation of law.
Rejecting a purchase offer on a home that's for sale is entirely legal as long as the seller refuses for the right reasons and with good intentions. Many reasons are legally acceptable, including offers below the asking price and concerns about the buyer's financial position.
Constitutional Right to Refuse Service
Business owners have the right to refuse service or turn away a customer to protect their patrons and business.
A right of first refusal – sometimes called a “preemptive right” – is a right provided by contract that gives a party priority to purchase a property if the owner decides to sell. This right may be included in an ownership agreement between two co-owners who are cotenants.
In California, the Unruh Act similarly provides protection for individuals of diverse backgrounds, skin color, sexual orientation, religion, and other natural characteristics from being discriminated against.
Enterprises that focus more on making a customer than on making a sale are driven by meeting the needs of the customer. These enterprises spend more time trying to discover what the customer's needs are, as opposed to trying to convince them that they need what they are offering.
Remind the seller that it is unlawful to discriminate on the basis of race, color, religion, sex, handicap, familial status, or national origin.
While owners have the right to refuse service to rude customers, ask them if there's a way to make that person a loyal customer instead of kicking them out.
Restricted Items For Resellers
Counterfeit Goods: Selling fake items is illegal. Always make sure what you're selling is authentic. Stolen Property: Selling stolen items is a big no-no.
Can a full price offer be rejected? Yes, a full-price offer can absolutely be rejected. While offering the full asking price is often seen as a strong and competitive move, there are various reasons why a seller might still choose to reject the offer.
Examples: A grocery store refusing to stock a particular brand of cereal because they have had issues with the supplier's delivery in the past. A clothing retailer deciding not to carry a certain brand of clothing because they do not align with the store's values or target market.
In general, under California law, a business that sells goods to a consumer must deliver those goods within a reasonable time or provide a refund if delivery is not possible. If the business fails to deliver the goods or provide a refund, the consumer may have legal recourse.
There are times when the customer may be wrong or unreasonable, and businesses need to find a way to address these situations in a fair and empathetic manner. The “customer is always right” philosophy is an important aspect of customer service, but it's not always applicable in every situation.
Telling isn't Selling
You might be acting more like a source of information than a person who can sell something. Rather than telling some great stories about your product or services, a great salesperson is the one who could generate the need in the prospect to make a decision and go for it.
Federal and state laws only allow business owners to refuse service for certain reasons. Therefore, if you are not violating the Civil Rights Act of 1964, the Americans with Disabilities Act, or similar federal or state laws, you may have a nondiscriminatory reason for declining service to certain customers or clients.
Yes, although it is foolish to so. What they cannot do is refuse to serve them because they are a class of protected people, e.g. race, gender, national origin, etc.
No, any business can choose whether or not they serve customers. However, if the person says “We do not serve black people” the potential customer can sue for discrimination. And the government can also get involved.
The 72 hour clause is usually written into sales contracts by the seller, this allows a seller to keep the home on the market and accept backup offers on the property during. This clause is also commonly known as the escape clause, release clause, kick-out clause, hedge cause or right of first refusal clause.
What is a boycott? Quite simply, a boycott is an effort to convince a large number of consumers not to do business with a particular person or business. Occasionally, a boycott of a country may occur, when another country refuses to engage in trade.
A right of first refusal is a contractual agreement between two parties that gives one the ability to be the first buyer. This party can match an offer made by a third party and purchase an asset, or they can refuse to match it, in which case the seller can proceed with selling it to that third, or another, party.