FACTS:

Buyer presented an offer on a commercial property to a seller. Seller signed the offer, failed to mark “counter offer is attached,” but subsequently sent the signed offer together with a counter offer to the buyer.

The next day, before buyer sent the signed, accepted counter offer, seller sent a written withdrawal stating he “withdrew the counter offer.”

ISSUE:

Is there a contract if the seller withdrew the counter offer prior to it being accepted?

ANSWER:

No.

DISCUSSION:

The seller’s counter offer had the same legal effect as rejecting the buyer’s offer.  Therefore, because the buyer had not yet accepted and delivered the signed counter offer, once the seller withdrew the counter offer the negotiations ended.