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A seller in Montgomery County receives a written offer from a buyer. Instead of signing the offer as presented, the seller crosses out the offered price of $420,000 and writes in $435,000, then signs the document and returns it to the buyer's agent. Under Maryland law, what has the seller created?

Correct Answer

A) A counteroffer that constitutes a rejection of the original offer

When a seller materially changes the terms of an offer — such as altering the purchase price — and returns it to the buyer, this constitutes a counteroffer under Maryland contract law. A counteroffer simultaneously rejects the original offer and proposes new terms. The original offer is extinguished, and the buyer now becomes the offeree who may accept, reject, or counter the new terms.

Answer Options
A
A counteroffer that constitutes a rejection of the original offer
B
A binding contract at the original price of $420,000
C
A binding contract at the new price of $435,000
D
An addendum that modifies the original offer without rejecting it

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Related Topics & Key Terms

Key Terms:

counterofferoffer_and_acceptancemirror_image_rulerejection

Related Concepts

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

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