Question

The Montgomerys owned a house that was listed for sale. English submitted an offer to pay the Montgomerys $272,000 for their home. English included in her offer a request to purchase several items of the Montgomerys' personal property and also indicated on the offer that an "As Is" rider was applicable to the transaction. After the Montgomerys received English's offer, they made several changes to the document, including (1) deleting certain items from the personal property section of the contract; (2) deleting a provision regarding latent defects; (3) deleting a provision regarding building inspections; and (4) adding a specific "As Is" rider. The Montgomerys signed their counteroffer and delivered it to English's real estate agent. The agent took the counteroffer to English later that same day. English initialed some, but not all, of the Montgomerys' suggested changes. Specifically, English did not initial the changes set forth by the Montgomerys in the personal property section of the document or explicitly confirm her acceptance of those terms by cover letter or otherwise. English's real estate agent thereafter faxed the document to the Montgomerys' attorney. Was an enforceable contract formed in this case?



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  • CreatedJuly 16, 2014
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