Offer – Contract acceptance

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Offer – Contract acceptance

Offer is made on a property. The seller made a counter offer to the buyer. The buyer rejected the counter offer and made a counter to the seller’s counter-offer. The seller ejected it. The buyer then comes back to sign the original counter-offer after learning that another offer was presented. The seller wishes to take the new offer instead. When the buyer rejected that counter offer, did they open the door for the seller?

Asked on July 22, 2019 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, once an offer is rejected, it is off the table: the buyer has no right to return to an earlier, rejected offer (the seller could choose to let them do so, but is not required to). The buyer's countering of the seller's original counteroffer was a rejection, since they did not accept the counter as it was; therefore, the seller may take the new offer.


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