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What distinguishes the WA 'Offer and Acceptance' system from the 'Contract of Sale' system used in most other Australian states?

Correct Answer

D) The buyer's written offer binds once the seller's acceptance is communicated to the buyer

The WA Offer and Acceptance system involves the buyer preparing a written offer (often with conditions) which the seller can accept, reject, or sign back with amendments. A binding contract forms when acceptance is communicated. In other states, a pre-prepared contract of sale is the norm, signed by both parties.

Answer Options
A
The WA offer is only an expression of interest and never becomes a binding contract
B
The WA system is used mainly for commercial property, with most homes sold on separate contracts
C
The WA form must be lodged at Landgate before it binds the buyer and the seller
D
The buyer's written offer binds once the seller's acceptance is communicated to the buyer

Why This Is the Correct Answer

In WA the buyer starts with a written offer that the seller can accept, reject or counter, and the contract forms when acceptance is communicated.

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Key Terms:

Offer and Acceptancecommunication of acceptanceWA distinction
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