A seller listed his home for $100,000. A person offered $90,000 and the seller counteroffered with $97,500. The person made a new offer of $92,000, which the seller rejected. Three weeks later, the seller called the person and indicated that he would accept $92,000. Is there a contract price
No, there is no contract.
In this scenario, a valid contract has not been established due to the lack of mutual assent. The seller's last indication of acceptance occurred after the buyer had already made a counter-offer, which was rejected, and not in response to a valid offer from the buyer.
The counteroffer of $97,500 was rejected when the buyer proposed a new offer of $92,000. Since the original offer was not accepted, there is no basis for claiming a contract at this price, as the seller did not agree to the counteroffer.
Although the seller later indicated acceptance of the $92,000 offer, this acceptance came after the buyer had already rejected the previous offer. A valid contract requires acceptance of a specific offer while it is still open, and since the buyer's last offer was rejected, the seller's acceptance is not valid.
The initial offer of $90,000 was never accepted by the seller, who countered with $97,500. There was no agreement reached at this price, as the seller's counteroffer effectively nullified the original offer, preventing the establishment of a contract at $90,000.
For a contract to be valid, both parties must agree on the same terms at the same time. In this situation, the seller's acceptance of $92,000 was not valid because it followed the rejection of that offer by the buyer. There was no mutual agreement on any offer that would create a binding contract, thus confirming that no contract exists in this case.
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