Counter Offer is Not Necessarily 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 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

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