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Brian Madigan LL.B., Broker

RE/MAX West Realty Inc.,
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 

Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Signing Back an Offer and Accepting it too!

September 25, 2018 - Updated: September 25, 2018

Signing Back an Offer and Accepting it too!


I am acting for the Seller and we received a fairly good Offer, open until midnight. We actually signed it back at 8:00 pm, and afterwards my Seller had second thoughts. Can the Seller still accept it before midnight?


No, there were several choices available:

  1. Accept it,
  2. Ignore it, and let it expire,
  3. Reject it by indicating that it will not be accepted,
  4. Counter it, which is also a rejection at the same time.

The without prejudice rejection

There is one exception. Prior to submitting the Counter Offer, you could have made it quite clear:

“This Counter Offer is submitted without prejudice to the Seller’s right to accept the Offer as submitted.

This counter Offer is not a rejection of the Offer. The Offer may still be accepted prior to expiration of the irrevocable period.”

Rarely, if ever, is such a consideration contemplated at the relevant time. This is simply a question of remorse on the part of the Seller and without this type of wording, the Counter Offer is a rejection of the Offer.

Brian Madigan LL.B., Broker

Tagged with: contracts acceptance signback counter offer rejection without prejudice rejection ontario law
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Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

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