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A seller receives two offers on the same day with identical terms except for closing dates. Under common law contract principles, what should the seller's agent advise?

Correct Answer

D) The seller can choose either offer, as no contract binds until acceptance

Under contract law, an offer creates no binding obligation on the seller until it is accepted. The seller is free to choose between competing offers and can accept whichever offer they prefer, regardless of the order received.

Answer Options
A
Accept the first offer received to avoid legal complications
B
Accept both offers and let the buyers compete for the property
C
Split the difference and counter-offer both buyers at a middle date
D
The seller can choose either offer, as no contract binds until acceptance

Why This Is the Correct Answer

Option D correctly states the fundamental contract law principle that no binding contract exists until acceptance occurs. Under common law, an offer is merely an invitation that can be accepted or rejected at the offeree's discretion. The seller has complete freedom to choose between competing offers based on their preferences, regardless of which offer arrived first. The timing of receipt creates no legal obligation or priority. This principle is consistently applied across Canadian jurisdictions and protects the seller's right to make the best decision for their circumstances.

Why the Other Options Are Wrong

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Key Terms

contract formationoffer and acceptancemultiple offersbinding contractcommon law
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