Reviewed May 2020

FACTS:                    

A buyer sent a seller a counter-offer to the Residential Resale Real Estate Purchase Contract (Contract). The seller signed the counter-offer and provided it to his listing agent with instructions to deliver the acceptance to the buyer.

Before the listing agent could deliver the accepted Contract to the buyer, the seller called the listing agent and directed him not to deliver the acceptance.

ISSUE:                      

Was Contract acceptance already delivered?

ANSWER:                

No.

DISCUSSION:         

Section 8o of the Contract states “This offer will become a binding Contract when acceptance is signed by Seller and a signed copy delivered in person, by mail, facsimile or electronically, and received by Broker named in Section 8q.”

In this case, the accepted offer never left the seller’s possession. Therefore, acceptance was neither delivered nor received.