Under the Uniform Commercial Code (UCC) Sec. 2-207(1), A definite expression of acceptance or a written confirmation of an informal agreement may constitute a valid acceptance even if it states terms additional to or different from the offer or informal agreement. The additional or different terms are treated as proposals for addition into the contract under UCC Sec. 2-207(2). Between merchants, such terms become part of the contract unless: a)the offer expressly limits acceptance to the terms of the offer, b)material alteration of the contract results, c)notification of objection to the additional/different terms are given in a reasonable time after notice of them is received.
A counter offer sample letter for real estate is a written response to a Purchase Offer or Agreement that proposes changes to the terms and conditions set forth in the original offer. It is typically drafted by the seller in order to negotiate and modify specific elements of the deal. The letter expresses the seller's willingness to proceed with the purchase but with variations that better suit their needs. There are several types of counter offer sample letters for real estate, each addressing different aspects of the negotiation process. Some common types include: 1. Price Counter Offer: In this letter, the seller proposes a different price for the property, either higher or lower than the original offer. The counter offer may be based on market conditions, property appraisal, or additional costs the seller needs to cover. 2. Counter Offer on Closing Date: This type of letter suggests a revised date for the closing of the transaction. It can be due to various reasons such as extended time required to complete repairs, the need for additional time to find alternative housing, or to align with the seller's preferred timeline better. 3. Counter Offer on Contingencies: When there are contingencies in the original offer, such as inspection, financing, or appraisal, the seller may propose modifications to these contingencies. For example, the seller might request a shorter inspection period or modify the financing terms to provide the buyer with more flexibility. 4. Counter Offer on Repairs: If the buyer's offer includes a request for repairs or credits, the seller can respond with a counter offer letter that proposes alternative solutions. This may involve either reducing the requested repairs or suggesting a credit in the closing costs or selling price instead. 5. Counter Offer on Terms and Conditions: This type of letter involves negotiation of various terms and conditions other than those specifically mentioned above. It could include changes to items such as the deposit amount, earnest money, or the possession date. When drafting a counter offer sample letter for real estate, it's essential to maintain a professional and respectful tone. Effectively communicate the seller's preferences and rationale behind the proposed changes. It is also advised to consult with legal professionals or real estate agents for guidance on the specific legalities related to real estate transactions in the respective jurisdiction.
