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Robert is under contract to purchase a home in Harford County, and the contract includes a home inspection contingency. After the inspection, Robert submits a written addendum requesting $8,000 in repairs. The seller responds with a counteroffer agreeing to only $3,000 in credits. Robert does not respond to the seller's counteroffer within the time allowed. Under Maryland contract principles, which of the following is the most accurate outcome?

Correct Answer

A) The seller's counteroffer expires, and the parties revert to the terms of the original ratified contract

Under Maryland contract principles, a counteroffer is a rejection of the prior offer and creates a new offer. When Robert did not respond to the seller's counteroffer within the allowed time, that counteroffer expired. The parties then revert to the status of the original ratified contract, which remains binding unless a contingency has been properly invoked to void it. Robert would need to take affirmative action to void the contract under the inspection contingency if he wishes to terminate.

Answer Options
A
The seller's counteroffer expires, and the parties revert to the terms of the original ratified contract
B
The seller's counteroffer of $3,000 is automatically accepted because Robert did not respond
C
The original contract remains in full force because Robert's repair request was a separate negotiation
D
The contract is automatically terminated and Robert's earnest money is returned in full

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Related Topics & Key Terms

Key Terms:

inspection_contingencycounteroffercontract_negotiationoffer_expiration

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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