Counter offer

[pojo2]

What is the name of your state? Colorado

The question is for someone else but for clarity I will post as if mine so it does not get confusing.

Put in a signed offer to purchase a home, then received a SIGNED counter offer that is totally unacceptable. The origianl offer ends at 5 pm today, the counter ends as 5 pm today.

Am I right in assuming that the if the counter offer is not signed both contracts expire and the original offer is also terminated?


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."

Since they can not sign the original contract and they both expire at the exact same time does this mean both are then dead so to speak?

Don't ask what my Atty said or Realtor as stated this is not my contracts.

Thanks in advance of your assistence,

 

[PghREA]

The contract is not valid until both the buyer and seller sign and date it. If the time period for the final signature expires, the contract is void unless both the buyer and seller agree to extend the time period.

Since both parties have not signed the contract, there is no contract.

(That's what this Realtor says, in case anyone asks.)

 

[pojo2]

Okay so if a signed version of the original contract turns up signed by both parties does my quoted part of the counter contract negate that original that appers to be signed by both parties in time because legally they could not sign it while the counter was on the table not signed by the purchaser?

Sorry, my dense cap is on this morning.

In otherwords if they see buyer is not going to commit to the counter can they quickly sign the original on time and hold buyer to that contract?

 

[PghREA]

Okay so if a signed version of the original contract turns up signed by both parties does my quoted part of the counter contract negate that original that appers to be signed by both parties in time because legally they could not sign it while the counter was on the table not signed by the purchaser?

Sorry, my dense cap is on this morning.

In otherwords if they see buyer is not going to commit to the counter can they quickly sign the original on time and hold buyer to that contract?

The orginal offer signed by the buyer -

Seller countered and buyer did not accept the counter offer.

So, the Seller signs the orginal offer (which is what the buyer wanted in the first place.) This should make the buyer happy.

Are you trying to say in a round-about way that the buyer no longer wants to make the offer on the property? If so, withdraw the offer before the time period is up.

 

[JETX]

In otherwords if they see buyer is not going to commit to the counter can they quickly sign the original on time and hold buyer to that contract?

If I understand your VERY confusing post... yes.

Examples:
Buyer makes a signed offer to seller (offer #1), no time limit. Sent to seller for signature.
Seller counters with signed counter offer (counter #1), no time limit. Sent to buyer for signature.
Buyer rejects sellers counter. Seller then signs originally submitted offer (offer #1). Absent any other issues, both parties signatures (on offer #1) makes it a valid contract.

Now, lets say that the original offer (offer #1) had a time limit ("offer expires at 5:00pm EST on 12/15/05".) If the offer was signed by the seller BEFORE that time, it is valid. If after that time, it could be voided.... if time can be proven.

WHEW!!!! Does that answer your question(s).

 

[pojo2]

If I understand your VERY confusing post... yes.

Examples:
Buyer makes a signed offer to seller (offer #1), no time limit. Sent to seller for signature.
Seller counters with signed counter offer (counter #1), no time limit. Sent to buyer for signature.
Buyer rejects sellers counter. Seller then signs originally submitted offer (offer #1). Absent any other issues, both parties signatures (on offer #1) makes it a valid contract.

Now, lets say that the original offer (offer #1) had a time limit ("offer expires at 5:00pm EST on 12/15/05".) If the offer was signed by the seller BEFORE that time, it is valid. If after that time, it could be voided.... if time can be proven.

WHEW!!!! Does that answer your question(s).

Actually it has little to do with my question but I do so appreciate you trying so here is as plain as I can make it

1. buyer submits SIGNED offer deadline for seller siggy AT 5PM TODAY
2. seller counters, unacceptable to buyer, counter needs BUYERS siggy by 5pm which will not happen.
3. buyer now wants nothing to do with property because of the counter BS

Remember this is the last line of the COUNTER offer

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."

Now since this means seller can not sign the original contract since seller inniated the counter if buyer does not sign this counter by the deadline are both original and counter dead, so to speak.

 

[JETX]

Actually it has little to do with my question but I do so appreciate you trying so here is as plain as I can make it

1. buyer submits SIGNED offer deadline for seller siggy AT 5PM TODAY
2. seller counters, unacceptable to buyer, counter needs BUYERS siggy by 5pm which will not happen.
3. buyer now wants nothing to do with property because of the counter BS

As noted in my earlier post, absent anything waiving or terminating the original offer... or withdrawal of that offer, the seller can sign the original offer BEFORE 5pm today.... making it a binding CONTRACT.

Remember this is the last line of the COUNTER offer

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."

Not relevant... as that line in a subsequent document can't waive the provisions of ANOTHER document. The only way that you can be assured that the original offer isn't signed... is to submit a WRITTEN 'statement of withdrawal of offer' to the seller... BEFORE they sign.

Now since this means seller can not sign the original contract since seller inniated the counter if buyer does not sign this counter by the deadline are both original and counter dead, so to speak.

See above.

One more clarification... since none of us can SEE the actual documents, our opinions are based SOLELY on the very limited information provided in your posts. Also, by trying to limit the original offer in some convoluted method (as you describe) you are making it more likely that there could be long and expensive litigation if either party wanted to.