Counter-Offer is not always a Rejection

A person receiving an Offer may:

1) Accept it,
2) Reject it,
3) Delay consideration until expiration.

In most cases, in Ontario, a Counter-Offer is considered to be a “rejection”, unless:

  1. it is made absolutely clear that the Offer is being held in abeyance for further consideration, and
  2.  that the Counter-Offer is without prejudice to the Offeree’s right to accept the Offer prior to its expiration.

Rarely, does the person making a Counter-Offer take these additional steps to ensure that the Counter-Offer is not considered a “rejection”.

Brian Madigan LL.B., Broker

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