Legal Definitions - bargainor

A bargainor is the party who offers to sell goods, services, or property in a transaction where the terms of the exchange are negotiated and agreed upon by both sides. Essentially, it refers to the seller in a "bargained-for exchange," which means there's a mutual understanding and agreement on what is being given and received after a process of discussion and compromise.

• Example 1: Selling a Vintage Car

  Imagine Maria decides to sell her classic vintage car. She lists it online with an asking price, and a potential buyer expresses interest but offers a lower amount. Maria and the buyer then engage in a series of discussions, negotiating the final sale price, the inclusion of spare parts, and the pick-up date. In this scenario, Maria is the bargainor because she is the seller of the car, actively participating in the negotiation to reach a mutually acceptable agreement with the buyer.

• Example 2: A Business Acquisition

  Consider a small software company, "CodeCrafters Inc.," whose founders decide to sell their business to a larger technology conglomerate. The founders of CodeCrafters Inc. spend several months negotiating the terms of the acquisition, including the purchase price, the transfer of intellectual property, employee retention clauses, and future roles for the existing management team. Here, the founders of CodeCrafters Inc., acting on behalf of their company, are the bargainors, as they are the sellers engaging in a complex, bargained-for exchange of their business assets.

• Example 3: Negotiating a Consulting Contract

  A marketing consultant, David, is approached by a new client who needs help developing a digital strategy. David submits a detailed proposal outlining his services, project scope, and fees. The client reviews the proposal and suggests modifications to the deliverables and a different payment schedule. David and the client then discuss these points, making adjustments until both parties are satisfied with the final contract. David, in this situation, is the bargainor because he is offering his professional services for sale and actively negotiating the terms of the engagement with his client.