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.
Title: North Dakota Notice to Seller of Acceptance of Offer by Proposing Additional Terms Description: A North Dakota Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a document used to inform a seller that a buyer accepts their offer, but proposes additional terms to the existing offer. This notice serves as a legally binding communication, allowing negotiations to continue between the buyer and seller. In such cases, buyers can propose modifications to the terms of the original offer, such as changes in price, closing dates, or contingencies before finalizing the agreement. Types of North Dakota Notices to Seller of Acceptance of Offer by Proposing Additional Terms: 1. Residential Real Estate Notice to Seller: This type of notice is commonly used in residential real estate transactions. When a buyer wishes to propose additional terms after accepting an offer, this notice is prepared to outline the proposed changes. The content of this notice is specific to residential property transactions and considerations. 2. Commercial Real Estate Notice to Seller: Commercial real estate transactions often involve complex negotiations, making it necessary for buyers to propose additional terms after accepting an offer from the seller. The Commercial Real Estate Notice to Seller documents the proposed changes, including any alterations to conditions, financing arrangements, or contingencies specific to commercial properties. 3. Agricultural Property Notice to Seller: When a buyer wishes to negotiate additional terms for an agricultural property in North Dakota, they can utilize the Agricultural Property Notice to Seller. This notice outlines any proposed changes to the offer, such as lease terms, land use arrangements, or farming equipment inclusion. 4. Vacant Land Notice to Seller: In cases where buyers seek to purchase vacant land in North Dakota, a Vacant Land Notice to Seller can be used. This notice details any modifications the buyer wishes to make to the original offer, such as land survey requirements, easement conditions, or zoning issues relevant to the use of the land. These various types of North Dakota Notices to Seller of Acceptance of Offer by Proposing Additional Terms allow buyers to negotiate specific changes to the original offer, ensuring a fair and more personalized agreement between the parties involved.Title: North Dakota Notice to Seller of Acceptance of Offer by Proposing Additional Terms Description: A North Dakota Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a document used to inform a seller that a buyer accepts their offer, but proposes additional terms to the existing offer. This notice serves as a legally binding communication, allowing negotiations to continue between the buyer and seller. In such cases, buyers can propose modifications to the terms of the original offer, such as changes in price, closing dates, or contingencies before finalizing the agreement. Types of North Dakota Notices to Seller of Acceptance of Offer by Proposing Additional Terms: 1. Residential Real Estate Notice to Seller: This type of notice is commonly used in residential real estate transactions. When a buyer wishes to propose additional terms after accepting an offer, this notice is prepared to outline the proposed changes. The content of this notice is specific to residential property transactions and considerations. 2. Commercial Real Estate Notice to Seller: Commercial real estate transactions often involve complex negotiations, making it necessary for buyers to propose additional terms after accepting an offer from the seller. The Commercial Real Estate Notice to Seller documents the proposed changes, including any alterations to conditions, financing arrangements, or contingencies specific to commercial properties. 3. Agricultural Property Notice to Seller: When a buyer wishes to negotiate additional terms for an agricultural property in North Dakota, they can utilize the Agricultural Property Notice to Seller. This notice outlines any proposed changes to the offer, such as lease terms, land use arrangements, or farming equipment inclusion. 4. Vacant Land Notice to Seller: In cases where buyers seek to purchase vacant land in North Dakota, a Vacant Land Notice to Seller can be used. This notice details any modifications the buyer wishes to make to the original offer, such as land survey requirements, easement conditions, or zoning issues relevant to the use of the land. These various types of North Dakota Notices to Seller of Acceptance of Offer by Proposing Additional Terms allow buyers to negotiate specific changes to the original offer, ensuring a fair and more personalized agreement between the parties involved.
