A counter offer is an offer made in response to a previous offer by the other party during negotiations for a final contract. It is a new offer made in response to an offer received. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror. However, with regard to sales of goods, Article 2-207 of the Uniform Commercial Code provides: "A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."
California Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date is a type of letter commonly used in real estate transactions in California. It serves as a communication tool between a buyer and seller, allowing the buyer to accept the seller's offer while proposing certain additional terms related to an earlier delivery date. In real estate transactions, the buyer submits an offer to purchase a property, which includes several terms and conditions. If the seller accepts the offer, but the buyer wishes to propose changes or additional terms, a Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date is utilized. This letter outlines the buyer's acceptance of the offer, while also specifying the desired changes regarding the delivery date. Keywords: — California: Refers to the state where this letter is applicable and used in real estate transactions governed by California law. — Letter and Notice to Seller: The format of this communication is in the form of a formal letter and serves as a notice to the seller. — Accepting Offer: The buyer acknowledges the seller's offer and intends to commence with the purchase under certain conditions. — Proposing Additional Terms: This letter includes proposed modifications or additional terms beyond what was initially offered by the seller. — Earlier Delivery Date: The main focus of this type of letter is to propose a change to the agreed-upon delivery date of the property. Different types of California Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date may include variations based on specific circumstances. For example: 1. Conditional Offer with Earlier Delivery Date: This type of letter is used when the buyer accepts the seller's offer but proposes an earlier delivery date contingent upon meeting certain conditions. 2. Counteroffer with Earlier Delivery Date: In some cases, the buyer may present a counteroffer to the seller, accepting the offer but requesting an earlier delivery date as a term of their acceptance. 3. Multiple Additional Terms and Earlier Delivery Date: This kind of letter includes multiple proposed changes to the terms, including an earlier delivery date, thus requiring the seller's consideration of different aspects. It is important to note that the specific variations of this letter may differ based on individual transactions, negotiation points, and the preferences of the buyer and seller involved.
