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ContractsOffer_acceptance_and_counterofferEASY

Marcus, a licensed Indiana broker working under a managing broker, presents a written offer from a buyer to a seller in Fort Wayne. The seller signs the counteroffer and instructs Marcus to deliver it to the buyer. Marcus places the signed counteroffer in his briefcase but forgets to deliver it until the following afternoon. In the meantime, the buyer submits a written withdrawal of the original offer. Under Indiana contract law, which outcome is most accurate?

Correct Answer

D) The buyer's withdrawal is effective because the counteroffer was never communicated to the buyer before the withdrawal

Under Indiana contract law, acceptance (or in this case, a counteroffer) must be communicated to the other party to be effective. A counteroffer signed by the seller but not delivered to the buyer has not been legally communicated. Since the buyer withdrew the original offer before receiving the counteroffer, no binding contract exists. The buyer's withdrawal is valid because the counteroffer was never effectively communicated.

Answer Options
A
The counteroffer is automatically accepted once signed by the seller, regardless of whether it was delivered
B
Marcus is not liable for the failed transaction because delivery is the seller's responsibility, not the broker's
C
A binding contract was formed when the seller signed the counteroffer, so the buyer's withdrawal is ineffective
D
The buyer's withdrawal is effective because the counteroffer was never communicated to the buyer before the withdrawal

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Related Topics & Key Terms

Key Terms:

communication_of_acceptancecounteroffer_deliverybroker_dutycontract_formation

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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