Put it this way: if the seller wants to charge you the $50 in addition to the $60 and that is not the way you reasonably saw it then you did not have a "meeting of the minds," there is no contract, and you both can walk away.
If you want to enforce the terms as you see them then look at it this way: He advertised his terms and you sought a clarification of them. He gave that to you in writing. If there is any ambiguity in the written language where reasonable people can disagree then a Court would typically hold that against the drafter of the language (the seller).
Quote:
Originally Posted by thorsen
Here is what his auction says:
"YOU ARE WELCOME TO PICK UP FROM SAN CLEMENTE CALIFORNIA BY APPOINTMENT ONLY. PAYMENT MUST CLEAR FIRST . 50 dollar pick-up fee will apply , THIS ITEM IS HEAVY E- MAIL ME FOR A SHIPPING and handling QUOTE"
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Look again at this language: "50 dollar pick-up fee "WILL" apply." That could only modify the pick-up option because the word "will" is conditional and would not make sense if it applied in every instance. Additionally, you were quoted $60 in the e-mail. The seller states if you e-mail him he will send you a "shipping AND handling" quote. You got your quote for shipping AND handling. Having both a handling fee and a pick-up fee would be redundant.