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- Whoever makes an offer can revoke it as long as it hasn't yet been accepted. This means that if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer. Once the other party accepts, however, you'll have a binding agreement.
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In most cases, if a buyer backs out after the seller has accepted their offer, they may lose their deposit (otherwise known as earnest money). This can amount to tens of thousands of dollars you have spent years saving for. It also puts the buyer at risk of being sued for breach of contract.
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Aug 20, 2023 · In legal terms, an offer is a clear, definitive, and communicated proposition by one party (the offeror) to enter into a contract on specified terms to be bound once accepted. An acceptance is an unequivocal indication by the party to whom the offer is made (the offeree) that they agree to the exact terms of the offer, thereby creating a ...
If you’re on the receiving end of an offer, it’s important to understand that if your acceptance doesn’t match the original offer — if you try to change the terms in any fashion — you are actually rejecting the offer and making a counteroffer.
An acceptance is any words/conduct which objectively indicates that the offeree intends to be bound by the offer's terms. The offeree's motives for accepting the contract are not relevant: Williams v Carwardine (1833) 110 ER 590. If the offeree's statement does not mirror the offer's terms, then it….
Under common law contract rules, if one party makes an offer and the other party seemingly accepts the offer, but alters the terms and conditions, then there actually has been no acceptance, but rather the second party has rejected the offer and made a counteroffer.
The process of offer and acceptance. (1) In many situations, especially when the parties are in correspondence, English law requires an agreement to result from acceptance of an offer; however, it is admitted that some situations produce a consensus without such a clear-cut form of dealing.
Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they impliedly indicated an intent by the offeree to reject the offer instead of being bound by its terms.