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."
The "Oklahoma Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date" is a legal document used in real estate transactions in the state of Oklahoma. It is a formal letter addressed to the seller, acknowledging their offer to sell the property and accepting the terms of the offer. However, it also proposes additional terms regarding an earlier delivery date. This letter is typically used when the buyer wants to expedite the closing process and take possession of the property sooner than the original closing date specified in the offer. The buyer may have specific reasons for requesting an earlier delivery date, such as personal circumstances or investment opportunities. By providing this additional notice to the seller, the buyer is informing them of their intention to honor the original offer while proposing a change to the agreed-upon schedule. It is important to note that both parties must consent to these additional terms for them to become binding. The key elements that should be addressed in the "Oklahoma Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date" include: 1. Buyer's Information: The letter should clearly state the buyer's name, contact information, and any other relevant identification. 2. Seller's Information: The seller's name, contact details, and property address should be mentioned to specify the parties involved in the transaction. 3. Reference to Original Offer: The buyer should clearly state that they are accepting the original offer made by the seller and include relevant details, such as the offer price, property description, and any contingencies. 4. Proposed Change: The buyer should clearly state that they are proposing an earlier delivery date compared to the original schedule defined in the offer. The proposed delivery date should be specified, along with the reasons or circumstances justifying the request. 5. Agreement to Original Terms: Despite proposing additional terms, the buyer should still explicitly state that they agree to all the other terms and conditions mentioned in the original offer. 6. Acknowledgment of Seller's Consent: The buyer should request the seller's explicit written consent to the proposed change in the delivery date. The seller's acknowledgment will ensure that both parties are on the same page. 7. Deadline for Response: To ensure a timely resolution, the buyer may set an appropriate deadline by which they require the seller's response. This timeframe allows the parties to negotiate, accept, or reject the proposed additional terms promptly. Different types or variations of the "Oklahoma Letter and Notice to Seller Accepting Offer But Proposing Additional Terms — Earlier Delivery Date" may involve changes in other terms as well, such as earnest money, contingencies, repairs, or financing. In such cases, the letter should clearly state the specific additional terms being proposed along with the earlier delivery date change.
