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Counter-offer Voids Original offer?

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mikebike

Junior Member
What is the name of your state?Arizona

Does a counter-offer void an original offer, preventing the original offer from being agreed to? Scenario: 1) buyer makes offer, seller doesn't sign. 2) Seller provides counter offer, buyer doesn't sign. 3) Buyer signs the original offer. The original offer that is now signed by both parties - is it a legal binding contract? Or was it voided by step 2, the counter offer?
 


LindaP777

Senior Member
mikebike said:
What is the name of your state?Arizona
3) Buyer signs the original offer. The original offer that is now signed by both parties - is it a legal binding contract? Or was it voided by step 2, the counter offer?
Did the buyer mean to sign the original offer or the counter offer? If it was an error, I think the seller would know that and want to make it right.
 

LindaP777

Senior Member
mikebike said:
Mikebike - Sorry, I made a typo. Step 3 should have said the "Seller" now signed the original offer.
Did the seller mean to sign the original, or did he mean to sign the counter offer?
(I asked because this exact thing happened to me - the seller was a bank. I called my Realtor and explained the signed copy I had was not the counter offer but the first offer. My Realtor said it was not our job to tell the bank (seller) they signed the wrong one. We went to closing, closed the loan on the signed contract amount, then about a week later through errors & omissions the seller caught the mistake and asked me to correct, so I did.)
 

mikebike

Junior Member
No the seller intended to sign the original offer. Seller realized that he couldn't get more than the original offer and went back to it.
 

LindaP777

Senior Member
mikebike said:
No the seller intended to sign the original offer. Seller realized that he couldn't get more than the original offer and went back to it.
So I take it the buyer had signed the original offer (when the offer was made)? Had the offer "expired"? Most offers have an expiration date - if the seller signed the contract after it had expired, it does not have to be honored, unless of course, the buyer wishes to waive the expiration date and accept the signed purchase contract.
 

HomeGuru

Senior Member
mikebike said:
What is the name of your state?Arizona

Does a counter-offer void an original offer, preventing the original offer from being agreed to? Scenario: 1) buyer makes offer, seller doesn't sign. 2) Seller provides counter offer, buyer doesn't sign. 3) Buyer signs the original offer. The original offer that is now signed by both parties - is it a legal binding contract? Or was it voided by step 2, the counter offer?

**A: start over..too confusing.
 

pojo2

Senior Member
Sorry guys I posted a very similiar question, but to the OP look at the counter contract and see if it contains in tiny letters this, or similiar at the very bottom of the last page

Last page of counterproposal states

"When this counterproposal form is used, the proposed contract is NOT (even in bold on the page) to be signed by the party iniating this counterproposal."

If so then go find my post and see what the answers are to my query on this subject.
 

HomeGuru

Senior Member
pojo2 said:
Sorry guys I posted a very similiar question, but to the OP look at the counter contract and see if it contains in tiny letters this, or similiar at the very bottom of the last page

Last page of counterproposal states

"When this counterproposal form is used, the proposed contract is NOT (even in bold on the page) to be signed by the party iniating this counterproposal."

If so then go find my post and see what the answers are to my query on this subject.

**A: sorry, it's not Easter yet.
 

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