A seller in Connecticut receives a written offer to purchase their home. The offer states it will expire at noon on Wednesday. Before noon on Wednesday, the seller dies. On Wednesday afternoon, the seller's adult child, acting as heir, attempts to accept the offer on behalf of the estate. Under Connecticut law, is there a binding contract?
Correct Answer
D) No, because the seller's death terminated the offer before acceptance was communicated
Under Connecticut contract law, the death of the offeree (the party to whom the offer is made — in this case, the seller) terminates the offer. Death is a recognized method of offer termination because the offer was made to a specific person and requires their personal acceptance. The seller's death before accepting the offer extinguishes the offer. The heir has no authority to accept the original offer on behalf of the estate because there is no longer a valid offer to accept — the estate would need to make a new offer or invitation to the buyer.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.
Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
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