FACTS: Buyer submitted an offer to the seller, which included a Buyer Contingency Addendum.  The seller wants to counter the buyer by rejecting the Buyer Contingency Addendum and accepting all other terms.

ISSUE: Should the seller initial the purchase contract and the Buyer Contingency Addendum and return them both with his Counter Offer?

ANSWER: No.

DISCUSSION:         

The seller is required to initial each page of the purchase contract, which indicates the seller reviewed all of the pages.  However, the Buyer Contingency Addendum is not part of the purchase contract unless all parties agree to the terms.

Here, because the seller does not want to accept the Buyer Contingency Addendum, the seller should not sign the Addendum, nor should it be returned with the purchase contract Counter Offer.

If seller is countering the buyer’s offer, the seller should indicate on line 467 of the Contract that a counter offer is attached.  Alternatively, the seller could check the box on line 473 of the Contract, indicating seller is rejecting buyer’s offer.