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Marcus submits a written offer to purchase a property in Wichita, Kansas for $285,000. The seller responds with a written counteroffer at $295,000. Before Marcus can respond, the seller calls him to say the original $285,000 offer is now accepted. Which statement best describes the legal status of the transaction under Kansas law?

Correct Answer

D) No binding contract exists because the counteroffer rejected the original offer and Marcus has not yet accepted the counteroffer

Under Kansas contract law, a counteroffer constitutes a rejection of the original offer and a new offer. Once the seller issued the $295,000 counteroffer, the original $285,000 offer was legally terminated. The seller cannot later 'revive' the original offer by verbal acceptance. Since Marcus has not accepted the $295,000 counteroffer, no binding contract exists at any price.

Answer Options
A
A binding contract exists at $295,000 because the counteroffer is the last written instrument
B
No binding contract exists because real estate contracts in Kansas must be notarized to be enforceable
C
A binding contract exists at $285,000 because the seller verbally accepted the original offer
D
No binding contract exists because the counteroffer rejected the original offer and Marcus has not yet accepted the counteroffer

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Related Topics & Key Terms

Key Terms:

counterofferoffer_rejectioncontract_formationpurchase_agreement

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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