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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29012
Experience:  30 years of real estate practice experience.
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If the buyer presents an offer and receives a counter offer

Customer Question

If the buyer presents an offer and receives a counter offer from the seller. They (the buyer) reject the sellers counter and makes a buyers counter offer that is not rejected by the seller and then the buyer signs the seller original counter that they had reject initially - what needs to be done?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. i am Loren, a licensed attorney, and I look forward to assisting you today.

Customer: replied 1 year ago.
If the buyer presents an offer and receives a counter offer from the seller. They (the buyer) reject the sellers counter and makes a buyers counter offer that is not rejected by the seller and then the buyer signs the seller original counter that they had reject initially - what needs to be done?
Expert:  Loren replied 1 year ago.

Was this a mistake by the buyer? Does the seller acknowledge the mistake?

Customer: replied 1 year ago.
It was intentional on the part of the buyer, they originally rejected and then changed their mind
Customer: replied 1 year ago.
the seller had not signed or rejected their counter
Customer: replied 1 year ago.
the seller wants to make sure the buyer legally accepted their counter after having rejecting the counter
Expert:  Loren replied 1 year ago.

if they are resubmitting the original counter then the seller may accept or reject it. The legal effect of a counter is the same as a rejection of the initial offer.

Expert:  Loren replied 1 year ago.

Until something is signed it has no legal impact in a land sale.

Customer: replied 1 year ago.
are you speaking of the seller not signing the buyer counter
Expert:  Loren replied 1 year ago.

I am saying that the buyer's offer is not accepted until the seller signs the contract. Any discussion is of no legal effect until it is reduced to writing and signed by the parties.

Customer: replied 1 year ago.
does the buyer need to rescind their counter and that was not signed by the seller or do they just sign the original counter by the seller
Customer: replied 1 year ago.
The sellers counter has both parties signatures, however the time has not expired on the buyers counter t o the seller
Customer: replied 1 year ago.
that is different then the sellers counter offer
Expert:  Loren replied 1 year ago.

The parties need to start a new contract and destroy any contracts that are fully signed but do not reflect the parties' intent. The new contract should have the terms they wish to move forward with.

Expert:  Loren replied 1 year ago.

Typically, when the buyer and seller negotiate the price they just handwrite the counter offers and cross out the prior. The final price is initialed by the parties.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
Just to be clear no offer has been signed by both parties . the only counter signed by both parties was the sellers
Customer: replied 1 year ago.
ant they want to make sure the buyer is held to its terms
Expert:  Loren replied 1 year ago.

If the only signed contract is the one the parties intended to move forward with then it is fully enforceable and no action need be taken on any prior offers. The signed contract controls.

Customer: replied 1 year ago.
The issues are more than price
Expert:  Loren replied 1 year ago.

If the contract is signed then the buyer and seller are liable for the terms and no further action need be taken with regard to the other offers and counters.

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service to you.

Expert:  Loren replied 1 year ago.

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