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NeCede's

Maxim 5.5.20

The buyer buys for the least he can; the seller sells for the most he can.

Emptor emit quam minimo potest ; venditor vendit quam maximo potest.

Source: 2 Kent, Comm. 486; Davoue v. Fanning, 2 Johns. Ch. (N.Y.) 252, 256; Weisman, 13r; Wharton, III-79 Difficulty 3/5 — Intermediate

Explanation

Each party to a sale lawfully pursues his own economic advantage — the buyer aims low and the seller aims high, and no wrong lies in driving a hard bargain absent fraud.

Where this applies

  • A buyer offers $200,000 for a house listed at $300,000, and the seller counters at $280,000 — each is lawfully pursuing their own best price.
  • At a flea market, the seller prices a lamp at $50 and the buyer offers $20, and neither is doing anything wrong — it is natural to seek your best advantage.
  • A wholesaler quotes the highest price the market will bear while the retailer negotiates for the deepest discount possible, and both are acting within the law.

Legal domains

property

Cite this maxim

NeCede Max. 5.5.20 — The buyer buys for the least he can; the seller sells for the most he can. — 2 Kent, Comm. 486; Davoue v. Fanning, 2 Johns. Ch. (N.Y.) 252, 256; Weisman, 13r; Wharton, III-79 (Emptor emit quam minimo potest ; venditor vendit quam maximo potest.)

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