Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This is contrary to general contract law. Under general contract law, the proposed additional term would be considered a counteroffer and the original offered would be rejected. Under Article 2 of the Uniform Commercial Code, the new term does not reject the original offer. A contract arises on the terms of the original offer, and the new term is a counteroffer. The new term does not become binding until accepted by the original offeror. If, however, the offer states that it must be accepted exactly as made, the ordinary contract law rules apply.
In a transaction between merchants, the additional term becomes part of the contract if that term does not materially alter the offer and no objection is made to it. However, if such an additional term from the seller operates solely to the sellers advantage, it is a material term and must be accepted by the buyer to be effective.
Description: The Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a legal document that serves as notification to the seller that the buyer has accepted their offer, while also proposing additional terms to the original offer. This document enables the buyer to express their willingness to proceed with the transaction and suggests modifications or additions to the contract terms originally proposed. In Harris County, Texas, several variations of the Notice to Seller of Acceptance of Offer by Proposing Additional Terms may exist, including: 1. Harris Texas Residential Notice to Seller of Acceptance of Offer by Proposing Additional Terms: This specific form is used for residential real estate transactions within Harris County, Texas, when the buyer intends to modify or supplement the original terms of the offer made to the seller. It clearly outlines the new proposed terms and conditions to be included in the final agreement. 2. Harris Texas Commercial Notice to Seller of Acceptance of Offer by Proposing Additional Terms: Designed for commercial real estate transactions within Harris County, Texas, this specific form is utilized when the buyer wishes to assert additional terms and conditions beyond the original offer, ensuring that all parties involved have a clear understanding of the modifications proposed. 3. Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms for Land: This variation of the notice is used specifically for land transactions in Harris County, Texas. It allows the buyer to propose additional terms related to land use, zoning restrictions, environmental considerations, or any other relevant factors that pertain to the purchase or development of the land. Regardless of the specific type, the Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms is an essential legal document used in real estate transactions, enabling the buyer to propose changes or additions to the initial offer, ensuring that both parties are in agreement and have a clear understanding of the terms before finalizing the deal.Description: The Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a legal document that serves as notification to the seller that the buyer has accepted their offer, while also proposing additional terms to the original offer. This document enables the buyer to express their willingness to proceed with the transaction and suggests modifications or additions to the contract terms originally proposed. In Harris County, Texas, several variations of the Notice to Seller of Acceptance of Offer by Proposing Additional Terms may exist, including: 1. Harris Texas Residential Notice to Seller of Acceptance of Offer by Proposing Additional Terms: This specific form is used for residential real estate transactions within Harris County, Texas, when the buyer intends to modify or supplement the original terms of the offer made to the seller. It clearly outlines the new proposed terms and conditions to be included in the final agreement. 2. Harris Texas Commercial Notice to Seller of Acceptance of Offer by Proposing Additional Terms: Designed for commercial real estate transactions within Harris County, Texas, this specific form is utilized when the buyer wishes to assert additional terms and conditions beyond the original offer, ensuring that all parties involved have a clear understanding of the modifications proposed. 3. Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms for Land: This variation of the notice is used specifically for land transactions in Harris County, Texas. It allows the buyer to propose additional terms related to land use, zoning restrictions, environmental considerations, or any other relevant factors that pertain to the purchase or development of the land. Regardless of the specific type, the Harris Texas Notice to Seller of Acceptance of Offer by Proposing Additional Terms is an essential legal document used in real estate transactions, enabling the buyer to propose changes or additions to the initial offer, ensuring that both parties are in agreement and have a clear understanding of the terms before finalizing the deal.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.