This site uses cookies.

The types of cookies we use, and the way we use them, are explained in our Privacy Policy. By clicking "Accept" or continuing to use our site, you agree to our use of Cookies.
More information


 

Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

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

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

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

Search in:  
    
    
       

Sort by:

Signing Back an Offer and Accepting it too!

September 25, 2018 - Updated: September 25, 2018

Signing Back an Offer and Accepting it too!
 

Question:
 

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?
 

Answer:
 

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

www.iSourceRealEstate.com


Tagged with: contracts acceptance signback counter offer rejection without prejudice rejection ontario law
| | Share

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

Powered by Lone Wolf Real Estate Technologies (CMS6)