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 California Counter Offer Letter Regarding Sale of Property is a legal document used in the real estate industry when negotiating the terms and conditions of a property sale. It is commonly used when the seller receives an initial offer from the buyer, but wishes to propose changes to the terms before accepting. The purpose of a counter offer letter is to communicate the seller's desired adjustments to the buyer's original offer. It outlines the revised terms, including changes in price, payment arrangements, contingencies, closing date, and other pertinent details. The letter serves as a formal response to the buyer's initial offer, expressing the seller's willingness to negotiate and find a middle ground. In California, there are different types of counter offer letters regarding the sale of property depending on the specific negotiations and desired modifications. These may include: 1. Price Counter Offer: This type of counter offer focuses on adjusting the purchase price based on factors like market conditions, property appraisals, or the seller's desired profit margin. 2. Contingency Counter Offer: When a buyer's offer includes contingencies, such as inspection, financing, or appraisal contingencies, the seller may issue a counter offer to modify or remove these contingencies. 3. Closing Date Counter Offer: The closing date is crucial in real estate transactions. If the seller needs more time or wishes to expedite the sale, they can propose a counter offer to adjust the closing date accordingly. 4. Repair or Improvement Counter Offer: If the buyer's offer includes requests for repairs or improvements based on inspection reports, the seller may present a counter offer outlining their proposed modifications, limitations, or a credit towards repairs. 5. Financing Counter Offer: In cases where the buyer is requesting specific financing terms or seeking seller financing, a counter offer may be used to propose alternative financing options or terms that are agreeable to both parties. 6. Easement or Title Counter Offer: If a buyer's offer includes a request for easements or adjustments to the property's title, the seller can counter offer with revised conditions or limitations. It's important to note that each counter offer letter should be tailored to the specific needs and preferences of the seller while still being legally compliant. Seeking professional advice from a real estate agent or attorney experienced in California real estate laws is highly recommended when drafting or responding to a counter offer letter.
