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Contracts & AgreementsAgreement_of_purchase_and_saleMEDIUM

A seller receives two offers on the same day. The first offer is conditional on financing, and the second offer is firm but for a lower price. Which statement about the seller's options is correct?

Correct Answer

B) The seller can accept either offer or reject both offers

A seller has no obligation to accept any offer and can choose to accept either offer based on their preferences regarding price, conditions, and other terms. The seller might prefer a firm offer even at a lower price to avoid the uncertainty of conditions, or might prefer the higher conditional offer.

Answer Options
A
The seller must accept the first offer received
B
The seller can accept either offer or reject both offers
C
The seller must accept the highest priced offer
D
The seller must send a counter-offer back on both submissions

Why This Is the Correct Answer

Option B correctly reflects the fundamental principle of contract law that sellers have complete discretion over offer acceptance. Under Canadian real estate law and common law principles, property owners are not obligated to accept any offer, regardless of price, timing, or terms. The seller can evaluate offers based on their own criteria, including price, conditions, closing dates, and risk tolerance. This principle is supported by provincial real estate legislation across Canada, which protects sellers' rights to make informed decisions about their property transactions without external compulsion.

Why the Other Options Are Wrong

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Key Terms

offer acceptanceseller discretionconditional offersfirm offerscontract formation
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