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.
Idaho Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a legally binding document that acknowledges the acceptance of a purchase offer while introducing additional terms proposed by the seller. This notice serves as a communication tool between the seller and the buyer, ensuring clarity and mutual agreement regarding the terms of the transaction. The Idaho Notice to Seller of Acceptance of Offer by Proposing Additional Terms indicates that the seller has agreed to the original terms outlined in the offer, while also presenting supplementary conditions or modifications that they wish to include. By proposing additional terms, the seller aims to negotiate specific terms that align with their requirements or address any concerns they may have regarding the transaction. This document is essential in real estate transactions, as it enables both parties to express their expectations clearly and potentially reach a compromise if necessary. The Idaho Notice to Seller of Acceptance of Offer by Proposing Additional Terms strives to maintain transparency and streamline the negotiation process, ensuring that the buyer and seller are on the same page throughout the transaction. Types of Idaho Notice to Seller of Acceptance of Offer by Proposing Additional Terms may vary based on the specific nature of the transaction. However, some common additional terms that sellers may propose include: 1. Contingencies: Sellers may request certain contingencies, such as a satisfactory home inspection, appraisal, or loan approval, to protect their interests and ensure a smooth transaction. 2. Repairs and Maintenance: The seller may include specific terms regarding repairs or maintenance responsibilities, outlining who will be responsible for covering the costs or completing the requested work before closing. 3. Closing Date: The seller might propose an alternate closing date to accommodate their specific circumstances or allow for necessary preparations before transferring ownership. 4. Financing Terms: Sellers may propose specific financing terms, such as seller financing or alternative payment arrangements, which can be further negotiated between both parties. 5. Personal Property Inclusions: In addition to the real estate itself, sellers may specify certain personal property items, such as appliances or furniture, that they intend to include in the sale. It's important to note that the types of additional terms included in the Idaho Notice to Seller of Acceptance of Offer by Proposing Additional Terms may vary depending on the unique circumstances of each transaction. Nevertheless, this notice acts as a formal communication to open negotiations and ensure that all parties are aware of the proposed modifications or conditions suggested by the seller.
