EstatePass
ContractsContract_essentialsMEDIUM

A seller in Irvine lists her home for $720,000. A buyer submits an offer at $700,000 with a 30-day close of escrow. The seller crosses out the 30-day close and writes in 45 days, then signs and returns the document. The buyer signs the modified document without objection. Under California law, at what point was a binding contract formed?

Correct Answer

D) When the buyer signed the seller's counteroffer and communicated acceptance back to the seller

Under California Civil Code §1583-1585, the seller's modification created a counteroffer. A binding contract was formed when the buyer accepted the counteroffer by signing and that acceptance was communicated to the seller or the seller's agent. Both mutual consent and communication of acceptance are required.

Answer Options
A
When the seller modified the close of escrow date and signed the document
B
When the escrow company opened the escrow file based on the modified terms
C
When the buyer's agent delivered the original offer to the seller's agent
D
When the buyer signed the seller's counteroffer and communicated acceptance back to the seller

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

counterofferacceptancecontract_formationCivil_Code_1583
Was this explanation helpful?

More Contracts Questions

People Also Study

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing