FACTS:

An offer was sent to the seller on January 31, 2017. Counteroffer #1 was sent by the seller to the buyer. Rather than accept Counteroffer #1, the buyer sent Counteroffer #2 to the seller. The seller accepted Counteroffer #2 on February 3, 2017 and on that same day, a signed copy of Counteroffer #2 was delivered to the buyer.

At the end of the buyer’s inspection period, the buyer delivered to the seller a Residential Buyer’s Inspection Notice and Seller’s Response (“BINSR”).

On the BINSR line indicating “Contract dated” the buyer wrote in “January 31, 2017.”

ISSUE:

Is the Contract date January 31, 2017 or February 3, 2017?

ANSWER:

February 3, 2017.

DISCUSSION:
The last page of the contract provides that if the box is marked “Counter Offer is attached, and is incorporated herein by reference,” then the buyer and seller do not have a binding contract until the counteroffer is signed and delivered.

In this matter, the buyer and seller did not have a binding contract until February 3, 2017, when the seller delivered a signed copy of Counteroffer #2 back to the buyer.