Is the Acknowledgement or the Confirmation of Acceptance “THE” Acceptance?

Brogden V. Metropolitan Rly. Co. Archives - The Fact Factor

Question:

Sellers sign back offer, buyers accepts within irrevocable period signing the confirmation of acceptance.

Now the sellers are refusing to sign the Acknowledgment as they have decided that they want a different closing date?

I think once confirmation of acceptance is signed it is a binding contract but others think the Acknowledgment needs to be signed for that.

Answer:

The Counter Offer from the Sellers is binding once accepted by the Buyers. The Acknowledgement section while it’s nice to have is not a requirement for the contract.

In fact, neither is the Confirmation of Acceptance, although I note that in this case it was signed.

Actual acceptance is coincident with the time of communication to the Sellers. So, once they knew the Buyers had signed there was a binding contract.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 3

    1. Post
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      Sam

      I really don’t send out emails or have a mailing list.

      Sometimes, I might publish 6 articles per day. That’s a lot of emails. So I justr leave it to anyone who follows me to check in at their own convenience.

      Brian

    2. Post
      Author

      I should point out that I really don’t send out any emails. You can follow me on Facebook, or just come back here to see what’s new.

      Brian

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