A buyer wrote an offer to purchase a seller's property, which was listed at $175,000. The listing stated all appliances came with the sale. The buyer's offer was $165,000 with all appliances. The seller countered $170,000 with no appliances. The buyer countered the seller's counteroffer at $162,000 and did not reference the appliances. The seller then countered the buyer's latest counteroffer at $165,000 and the buyer accepted. Which of the following is true with regard to the appliances?
The appliances were removed in the counteroffer and never reinstated in subsequent offers.
The seller's counteroffer specifically stated "no appliances," which removes them from the transaction unless they are explicitly included in a later offer. Since the buyer's final acceptance of $165,000 did not mention the appliances, they are not part of the agreement.
The initial advertising stating that appliances were included does not bind the seller after a counteroffer is made. The counteroffer's terms can supersede previous conditions, and since the seller explicitly stated no appliances in their counteroffer, the buyer cannot rely on the original listing.
While the appliances were included in the buyer's initial offer of $165,000, this offer was countered by the seller, who removed them from consideration. The buyer's subsequent counteroffer did not restore the inclusion of the appliances, meaning they are not part of the final agreement.
This statement is incorrect because the final agreement arose from the seller's last counteroffer, which explicitly excluded the appliances. Since the buyer accepted the offer without mentioning the appliances, they are not included in the transaction.
In this scenario, the progression of offers and counteroffers clearly indicates the status of the appliances. The seller's counteroffer removed the appliances from consideration, and unless stated otherwise in subsequent negotiations, they remain excluded from the purchase. The final agreement reflects the terms set forth in the last counteroffer, confirming that the appliances are not part of the transaction.
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