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In Massachusetts, a buyer submits a written offer to purchase a home in Quincy. The seller makes a counteroffer changing the price from $540,000 to $555,000. The buyer responds by crossing out $555,000 and writing $548,000 and initialing the change, then returning the document to the seller. Under Massachusetts contract law, what has the buyer created?

Correct Answer

D) A second counteroffer from the buyer, which simultaneously rejects the seller's counteroffer at $555,000

When the buyer crossed out the seller's proposed price of $555,000 and substituted $548,000, the buyer made a material change to the seller's counteroffer. Under Massachusetts contract law, any change to the terms of an offer or counteroffer — even a minor one — constitutes a new counteroffer that rejects the prior offer. The seller's counteroffer at $555,000 is now extinguished, and the seller must decide whether to accept, reject, or counter the buyer's new proposal at $548,000.

Answer Options
A
A void contract because handwritten modifications to a real estate offer are not enforceable in Massachusetts
B
An addendum to the original offer that modifies the price without rejecting the seller's counteroffer
C
A binding contract at $548,000 because the buyer accepted the material terms of the counteroffer
D
A second counteroffer from the buyer, which simultaneously rejects the seller's counteroffer at $555,000

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Related Topics & Key Terms

Key Terms:

counteroffermirror_image_ruleoffer_and_acceptancecontract_negotiationmassachusetts_contracts

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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