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A seller receives two offers on the same day: Offer A at $500,000 with no conditions, open until 9 p.m., and Offer B at $520,000 with a financing condition, open until 11 p.m. At 8 p.m. the seller signs Offer A and returns it to that buyer. What happens to Offer B?

Correct Answer

D) It stays open until 11 p.m., but accepting it would breach the agreement on Offer A

Signing and returning Offer A at 8 p.m. formed a binding agreement with that buyer. Offer B is not voided by that acceptance; it remains an open offer until it lapses at 11 p.m., unless the buyer withdraws it or the seller rejects it. The seller cannot accept it, though, without breaching the agreement on Offer A.

Answer Options
A
It becomes void automatically the moment the seller signs and returns Offer A to that buyer
B
It stays open, and the seller must formally reject it in writing before Offer A becomes binding
C
It takes priority over Offer A because it offers the seller a higher purchase price
D
It stays open until 11 p.m., but accepting it would breach the agreement on Offer A

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Key Terms

competing offerslapseirrevocable timeacceptancebreach
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