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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22961
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have a motel lease and have listed it but according to

Customer Question

Hi we have a motel lease and have listed it for sale but according to the motel lease we had to offer it to the owner first. We did that via email and he declined. Then he replied two days later by email saying that he had changed his mind and would now purchase at that price. The problem is that when i offered it for sale i forgot that i had to pay commisssion to the agents. Does the email i sent to the motel owmer legally bind me to a contract for sale at the price i offered and also because he rejected it first time does that mean that my acceptance of his second offer can be retracted. The agents resort brokers have told me that i will have to pay them the commission for the sale according to our contract with them which i accept so can i withdraw my offer to the motel owner as i stand to loose alot of money. Thanks brent/motel lease owner
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If the lesser rejected the first offer, and you did not accept the second offer, then that will not be binding on you. You discharged the contractual obligation by offering the first time and don't need to accept their change of mind. If you haven't done so, then you are probably clear of any obligation. But if you accepted the second offer, then you are bound by this. The agency is something more difficult. You can say you were obliged to offer to the lessor, and so they didn't introduce the buyer. But this can depend on the wording of the agents commission agreement

Customer: replied 1 year ago.
Hi ok thanks for that, so an email is considered a binding contract? Does that mean that they cant pull out as well? When we signed the agreement with the agents we mentioned that we needed to offer to the motel owner first but i didnt ask if we needed to pay commission on the owner acceptance. I guess this is my fault so we have to accept the lower offer and stand to loose a substantial amount.
Expert:  Chris The Lawyer replied 1 year ago.

That is quite possible, but you should get your lawyer to look careful.y at the agreements first and confirm the position