Can a seller accept another offer if they have given a counteroffer to the buyer?

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Can a seller accept another offer if they have given a counteroffer to the buyer?

The seller made counteroffer to my original offer but then accepted an offer from another buyer

before the counter to me expired.

Asked on April 29, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the seller cannot: if a counter offer has some time frame within which to accept it, as you imply, then he *must* wait until the earlier of 1) your rejection of the  counter; 2) your re-countering (which rejects the counter and puts a new offer, from you to him, on the table); or 3) the expiration of the counteroffer's time to accept. You could potentially sue him to stop this sale (if it has not yet closed) and make him sell to you, but bear in mind that you will have to pay your own legal fees to sue, and if the other side fights to the end, they could be considerable.Unless this a uniquely good deal or particualrly special house, it may be better to not enforce your rights and move on to a different potential home.


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