A person receiving an Offer may:
- Accept it,
- Reject it,
- Delay consideration until expiration.
In most cases, in Ontario , a Counter-Offer is considered to be a “rejection”, unless it is made absolutely clear that the Offer is being held in abeyance for further consideration, and 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