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A seller in Memphis receives a written offer from buyer Dana for $275,000. The seller crosses out $275,000, writes in $285,000, initials the change, and signs the document. The seller's agent delivers this document to Dana. Under Tennessee law, what has the seller created?

Correct Answer

D) A counteroffer, which terminates the original offer and gives Dana the right to accept or reject

When a seller changes any material term of a buyer's offer — such as the purchase price — and returns it, this constitutes a counteroffer under Tennessee contract law. A counteroffer legally terminates the original offer and creates a new offer from the seller to the buyer. Dana is now free to accept, reject, or counter the seller's counteroffer at $285,000. No binding contract exists until Dana accepts and that acceptance is communicated.

Answer Options
A
An amendment to the original offer that Dana must accept within 24 hours
B
A binding contract at $285,000 because the seller signed the document
C
A conditional acceptance that keeps the original offer open at $275,000
D
A counteroffer, which terminates the original offer and gives Dana the right to accept or reject

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Related Topics & Key Terms

Key Terms:

counterofferoffer_and_acceptancecontract_formationtennessee_contracts

Related Concepts

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

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