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Marcus, a licensed Michigan salesperson, receives a written purchase offer from his buyer-client for a property listed at $285,000. The buyer offers $270,000. The listing broker presents the offer to the seller, who crosses out $270,000, writes in $278,000, and signs the document. The listing broker then presents this document to Marcus. Which of the following correctly describes the legal status of this transaction?

Correct Answer

B) A counteroffer exists at $278,000, and the original offer at $270,000 is terminated

When the seller crossed out the buyer's offered price and substituted a different price, this constitutes a counteroffer under Michigan contract law. A counteroffer simultaneously rejects the original offer (terminating it) and creates a new offer at the modified terms. The original offer at $270,000 is legally dead. The buyer (Marcus's client) now has the choice to accept the counteroffer at $278,000, reject it, or submit another counteroffer.

Answer Options
A
A binding contract exists at $270,000 because the seller accepted the written offer form
B
A counteroffer exists at $278,000, and the original offer at $270,000 is terminated
C
A binding contract exists at $278,000 because the seller has the authority to modify the price
D
No offer exists because altering a written offer form is not permitted under Michigan law

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Related Topics & Key Terms

Key Terms:

offer_and_acceptancecounteroffercontract_formationmichigan_contracts

Related Concepts

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.

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

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