117. A buyer wrote an offer to purchase a seller's property, which was listed at $175,000. The listing stated all appliances came with the sale. The buyer's offer was $165,000 with all appliances. The seller countered $170,000 with no appliances. The buyer countered the seller's counteroffer at $162,000 and did not reference the appliances. The seller then countered the buyer's latest counteroffer at $165,000 and the buyer accepted. Which of the following is true with regard to the appliances?
Answer: C
The appliances were removed in the counteroffer and never reinstated in subsequent offers.
The appliances are not included in the final agreement because they were explicitly removed in the seller's counteroffer and were not mentioned in any of the buyer's subsequent counteroffers.
A) The buyer can expect the appliances to be included in the transaction because they were listed in the advertising
This option is incorrect as the initial listing does not guarantee inclusion in the final sale if they are not referenced in the accepted offer. The seller's counteroffer stated no appliances, overriding the listing's claims.
B) The appliances would be included as they were mentioned in the earlier $165,000 offer.
While the appliances were included in the buyer's initial offer, they were not included in the accepted final counteroffer. The seller's response removed them from consideration, making this option incorrect.
C) The appliances were removed in the counteroffer and never reinstated in subsequent offers.
This option is correct. The seller's counteroffer explicitly stated that no appliances would be included, and the buyer's later counteroffers did not reference the appliances, thereby confirming their exclusion from the final agreement.
D) The seller will have to include the appliances as they were not excluded in the final counteroffer
This option is incorrect. The appliances were explicitly excluded in the seller's counteroffer and were not reinstated in any of the buyer's final agreements, meaning the seller is not obligated to include them.
Conclusion
In summary, the correct answer is C because the seller's counteroffer clearly removed the appliances from the transaction, and the buyer did not reference them in subsequent negotiations. This negation of inclusion directly impacts the final agreement, confirming that the appliances are not part of the sale. All other options fail to acknowledge the legal implications of the counteroffers in determining what is included in the final transaction.