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A buyer in Birmingham submits a written offer for a property at $320,000. The seller crosses out the price, writes in $335,000, initials the change, and signs the document. The seller's agent delivers this document to the buyer's agent. Under Alabama law, this situation is best described as which of the following?

Correct Answer

D) A counteroffer that terminates the original offer and creates a new offer from the seller

Under Alabama contract law, a counteroffer is a rejection of the original offer and simultaneously creates a new offer. When the seller changed the purchase price and signed the modified document, the seller rejected the buyer's $320,000 offer and made a new offer at $335,000. The original offer is extinguished, and the buyer is now free to accept, reject, or counter the seller's new proposal.

Answer Options
A
A binding contract at $320,000 because the original offer was in writing
B
A binding contract at $335,000 because the seller has signed the document
C
A voidable contract that the buyer may accept or reject within three business days
D
A counteroffer that terminates the original offer and creates a new offer from the seller

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Related Topics & Key Terms

Key Terms:

counterofferoffer_and_acceptancecontract_formationrejection_of_offer

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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