Nevada Revised Statutes

Nev. Rev. Stat. § 104.2305 (2026)

Open price term

✓ current as of July 2026
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NRS 104.2305  Open price term.

      1.  The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:

      (a) Nothing is said as to price; or

      (b) The price is left to be agreed by the parties and they fail to agree; or

      (c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.

      2.  A price to be fixed by the seller or by the buyer means a price for the seller or the buyer to fix in good faith.

      3.  When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his or her option treat the contract as cancelled or himself or herself fix a reasonable price.

      4.  Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.

      (Added to NRS by 1965, 790)

     

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Welk Biology Co., Ltd. v. Hakumo LLC (D. Nev. 2025).
Welk Biology Co., Ltd. v. Hakumo LLC (D. Nev. 2025). · cites it 2× “”); NRS § 104.2305(1) (“The parties if they so intend can conclude a contract for sale even though the price is not settled” and a missing 22 price term generally will be “a reasonable price at the time for delivery.”
— Nev. Rev. Stat. § 104.2305(1) — 1 case
Welk Biology Co., Ltd. v. Hakumo LLC (D. Nev. 2025). “”); NRS § 104.2305(1) (“The parties if they so intend can conclude a contract for sale even though the price is not settled” and a missing 22 price term generally will be “a reasonable price at the time for delivery.”
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